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Full text of "North Carolina Register v.8 no. 24 (3/15/1994)"

NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr. , 

Deputy Director 
Molly Masich, 

Director of APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid- free paper in compliance with 
G.S. 125-11.13. 



I. IN ADDITION 

Voting Rights Act 2356 

Environment, Health, and Natural 

Resources 2358 

Transportation 2359 

II. PROPOSED RULES 
Commerce 

Community Assistance 2360 

Environment, Health, and 
Natural Resources 

Health Services 2381 

Wildlife Resources 2373 

Human Resources 

Medical Assistance 2368 

Insurance 

Agent Services Division 2370 

Justice 

Departmental Rules 2371 

Licensing Board 

Real Estate Commission 2420 



III. LIST OF RULES CODIFIED 



2457 



IV. RRC OBJECTIONS 2463 

V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2464 

VI. CUMULATIVE INDEX 2476 



NORTH CAROLINA REGISTER 

Publication Schedule 

(March 1994 - January 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 
Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


8:23 


03/01/94 


02/08/94 


02/15/94 


03/16/94 


03/31/94 


04/20/94 


06/01/94 


8:24 


03/15/94 


02/22/94 


03/01/94 


03/30/94 


04/14/94 


04/20/94 


06/01/94 


9:1 


04/04/94 


03/11/94 


03/18/94 


04/19/94 


05/04/94 


05/20/94 


07/01/94 


9:2 


04/15/94 


03/24/94 


03/31/94 


05/02/94 


05/16/94 


05/20/94 


07/01/94 


9:3 


05/02/94 


04/11/94 


04/18/94 


05/17/94 


06/01/94 


06/20/94 


08/01/94 


9:4 


05/16/94 


04/25/94 


05/02/94 


05/3 1 /94 


06/15/94 


06/20/94 


08/01/94 


9:5 


06/01/94 


05/10/94 


05/17/94 


06/16/94 


07/01/94 


07/20/94 


09/01/94 


9:6 


06/15/94 


05/24/94 


06/01/94 


06/30/94 


07/15/94 


07/20/94 


09/01/94 


9:7 


07/01/94 


06/10/94 


06/17/94 


07/18/94 


08/01/94 


08/22/94 


10/01/94 


9:8 


07/15/94 


06/23/94 


06/30/94 


08/01/94 


08/15/94 


08/22/94 


10/01/94 


9:9 


08/01/94 


07/11/94 


07/18/94 


08/16/94 


08/31/94 


09/20/94 


11/01/94 


9:10 


08/15/94 


07/25/94 


08/01/94 


08/30/94 


09/14/94 


09/20/94 


11/01/94 


9:11 


09/01/94 


08/11/94 


08/18/94 


09/16/94 


10/03/94 


10/20/94 


12/01/94 


9:12 


09/15/94 


08/24/94 


08/31/94 


09/30/94 


10/17/94 


10/20/94 


12/01/94 


9:13 


10/03/94 


09/12/94 


09/19/94 


10/18/94 


11/02/94 


11/21/94 


01/01/95 


9:14 


10/14/94 


09/23/94 


09/30/94 


10/31/94 


11/14/94 


11/21/94 


01/01/95 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


1 1 /07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

An agency must accept comments for at least 30 days after the proposed text is published or until the date 
of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 
** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next 
calendar month. 



Revised 03/94 



IN ADDITION 



1 his Section contains public notices that are required to he published in the Register or have been 
approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

JPT:CMK:EMP:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

93-4831 Washington, DC. 20035-6128 

February 24, 1994 

DeWitt F. McCarley, Esq. 

City Attorney 

P. O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. McCarley: 

This refers to three annexations [Ordinance Nos. 2720, 2737, and 2738 (1993)] and election district 
assignments thereof for the City of Greenville in Pitt County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received 
your submission on December 27, 1993. 

The Attorney General does not interpose any objection to the specified changes. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 
(28 C.F.R. 51.41). 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



8:24 NORTH CAROLINA REGISTER March 15, 1994 2356 



IN ADDITION 



t 



U.S. Department of Justice 

Civil Rights Division 

JFT:GS:TGL:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

93-4843 Washington, DC. 20035-6128 

February 25, 1994 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P. O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to the increase in compensation for the mayor and members of the city council of 
Fayetteville in Cumberland County, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act of 1965. as amended, 42 U.S.C. 1973c. We received your submission on 
December 28, 1993. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28 
C.F.R. 51.41). 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



4 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



* 



2357 8:24 NORTH CAROLINA REGISTER March 15, 1994 



IN ADDITION 



TITLE 15A 
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

The proposed effective date for the rules published in Volume 8, Issue 23, March 1, 1994 for the 
Department of Environment, Health, and Natural Resources was published incorrectly. The notice with 
the correct proposed effective date is as follows: 

Notice is hereby : given in accordance with G.S. 150B-21.2 that the Environmental Management Commission 
intends to adopt rules cited as 15A NCAC 2D .0805. .0806. .1109; 2Q .0101 - .0111, .0201 - .0207. .0301 
- .0311, .0401 - .0418, .0501 - .0524, .0601 - .0606; amend rules cited as 15 A NCAC 2D .0101, .0501, 
.0503, .0524, .0525, .0530 - .0533, .0601, .0801 - .0804 and repeal rules cited as 15 A NCAC 2H .0601 - 
. 0607 and . 0609. 

1 he proposed effective date of this action is July 14, 1994 July 1± 1994 . 

1 he public hearing will be conducted at 7:00 p.m. on March 21 , 1994 at EHNR, 512 North Salisbury Street, 
Archdale Bldg/Groundfloor Hearing Room, Raleigh, NC. 

IXeason for Proposed Action; To correct a hearing procedural deficiency by reconsidering recodification of 
current permit rules, adoption of permit rules to meet the requirements of Title IV and V of the federal Clean 
Air Act, adoption of new permit fee schedules, and revision of transportation facility (complex source) rules 
in light of a local fiscal note. 

Comment Procedures: All persons interested in these matters are invited to attend the public hearing. Any 
person desiring to comment for more titan three minutes is requested to submit a written statement for 
inclusion in the record of proceedings at the public hearing. The hearing officer may limit oral presentation 
lengths to five minutes if many people want to speak. The Environmental Management Commission (EMC) 
seeks comments in light of the local fiscal note. Tlie hearing records will be closed at the end of the public 
hearing. Comments should be sent to and additional information concerning the hearings or the proposals 
may be obtained by contacting: Mr. Thomas C. Allen, Division of Environmental Management, P.O. Box 
29535, Raleigh, NC 27626-0535, (919) 733-1489. 

lhese Rules affect the expenditures or revenues of local funds. A fiscal not was submitted to the Fiscal 
Research Division on February 2, 1994, OSBM on February 4, 1994, N.C. League of Municipalities on 
February 2, 1994, and N. C. Association of County Commissioners on February 2, 1994. 

tLditor's Note: Tliese Rules (with the exception of 15 A NCAC 2H .0609) were filed as temporary rules 
effective March 8, 1994 for a period of 180 days or until the permanent rules become effective, whichever 
is sooner. 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2358 



IN ADDITION 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

The location of the public hearing for March 22, 1994 published in Volume 8, Issue 22, February 15, 
1994 for the Department of Transportation has been changed as follows: 

l\otice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Department of 
Transportation intends to amend rule cited as 19A NCAC 2D .0607. 

1 he proposed effective date of this action is August 1 , 1994. 

1 he public hearing will be conducted at 10:00 a.m. to 4:00 p.m. on the following dates and locations: 

March 8, 1994 

Transportation Building Auditorium 

1 South Wilmington Street 

Raleigh, N.C. 

March 15, 1994 

Board of Commissioner's Room 

Cabarrus County Courthouse 

65 Church Street 

Concord, N. C. 

March 22, 1994 

Southern Pines Town Hall Council Chambers 

140 Memorial Park Court 145 S.E. Broad Street 

Southern Pines, N. C 

treason for Proposed Action: Allow permits for 16-foot wide mobile or modular homes to be transported on 
specified North Carolina highways. 

Lsomment Procedures: Interested persons may preregister to speak at the public hearings by contacting Emily 
Lee, N.C. DOT, P.O. Box 25201, Raleigh, NC 27611, (919) 733-2520 no later than two days prior to the 
hearing. A 10-minute speaking time limit will be observed. Written comments will also be accepted and 
should be sent to Ms. Lee at the above address no later than April 1 , 1994. 



2359 8:24 NORTH CAROLINA REGISTER March 15, 1994 



PROPOSED RULES 



TITLE 4 - DEPARTMENT 
OF COMMERCE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Commerce, 
Division of Community Assistance intends to 
amend rules cited as 4 NCAC 19L .0104, .0401, 
. 0403 - . 0404, . 0407, . 0501 - . 0502, . 0901 , . 0906, 
.0912, .1011, .1202, .1302 - .1303 and repeal 
rules cited as 19L . 1501 - . 1505, . 1601 - . 1604. 

1 he proposed effective date of this action is June 
1, 1994. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): Written requests for a Public Hearing 
must be received by March 30, 1994. Written 
requests should be sent to Bob Chandler, Director, 
Division of Community Assistance, P. O. Box 
12600, Raleigh, NC 27605-2600. 

Jxeason for Proposed Action: The proposed 
action is necessary to enable the Division of 
Community Assistance to facilitate the implementa- 
tion of the Community Development Block Grant 
Program in aid of which the rules were adopted. 

Ksomment Procedures: Oral or written comments 
will be accepted until April 14, 1994. Written 
comments should be sent to Bob Chandler, Direc- 
tor, Division of Community Assistance, P. O. Box 
12600, Raleigh, NC 27605-2600. Oral comments 
should be directed to Donna Moffitt (919) 733- 
2850. 

CHAPTER 19 - DIVISION OF 
COMMUNITY ASSISTANCE 

SUBCHAPTER 19L - NORTH CAROLINA 

COMMUNITY DEVELOPMENT BLOCK 

GRANT PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0104 WAIVERS 

The Secretary may issue a written waiver of 
waiv e any requirements of this Subchapter not 
required by law whenever he determines that 
undue hardship to recipients or beneficiaries will 
result from applying the requirement and where 



application of the requirement would adversely 
affect the purposes of the Act. 

Authority G.S. 143B-W; 143B-431; 24 C.F.R. 
570.480. 

SECTION .0400 - DISTRIBUTION OF 
FUNDS 

.0401 GENERAL 

(a) The Division shall designate specific dates 
for submission of grant applications under each 
category except for Housing Development and 
Urgent Needs. Housing Development and Urgent 
Needs applications may be submitted at any time, 
but other grant application submission dates will be 
announced by the Division. 

(b) In cases where the Division makes a proce- 
dural error in the application selection process 
that, when corrected, would result in awarding a 
score sufficient to warrant a grant award, the 
Division may compensate that applicant at the 
earliest time sufficient funds become available or 
with a grant in the next funding cycle. 

(c) Applicants can apply for funding under the 
grant categories of Community Revitalization, 
Housing Development, Entrepreneurial Empower- 
ment and Interim Assistance— Urgent Needsv and 
Community Inve s tment for Economic Opportunity . 
Applicants shall not apply for Contingency fund- 
ing. Contingency awards will be made to eligible 
applicants in Community Revitalization^ aftd 
Hou s ing Development categorie s. 



Authority G. S. 
570.483. 



.0403 



143B-10; 143B-431; 24 C.F.R. 



SIZE AND USE OF GRANTS MADE 
TO RECIPIENTS 

(a) There is no minimum grant amount which 
applicants may request or be awarded. Grant 
awards made to any one recipient shall not exceed 
the following amount in each grant category: 
Community Revitalization - eight hundred fifty six 
hundred thousand dollars ($699 859,999); Scat- 
tered Site, a subset of Community Revitalization - 
Hwee five hundred thousand dollars ($3-599,909); 
Housing Development - two hundred fifty thousand 
dollars ($259,999) or funds available; Urgent 
Needs - six hundred thousand dollars ($699,999); 
Interim Assistance — seven hundred fifty thousand 
dollars ($759,999) for proj e ct s de s ignated to be 
completed within 36 months from the award date, 
and four million dollars ($ 4 ,999,999) for projects 
de s ignated to be completed within 18 months from 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2360 



PROPOSED RULES 



the award date ; Contingency - six hundred thou- 
sand dollars ($600,000); and Entrepreneurial 
Empowerment up to one million ($1.000,000). 
Community Investment for Economie Opportunity 
«p — te — efte — hundred — fifty — thousand — dollars 
($150,000) . Applicants shall not have a project or 
combination of projects under active consideration 
for funding which exceeds one million two hun- 
dred fifty thousand dollars ($1 ,00 250.000). except 
for Interim Assistance and Urgent Needs projects. 
Applicants in the Community Revitalization cate- 
gory shall choose to apply for either a concentrat- 
ed site award or a scattered site award, but not 
both from the same HUD allocation. 

(b) No local government may receive more than 
a total of one million two hundred fifty thousand 
dollars ($1,00 250,000) in CDBG funds in the 
period that the state distributes its annual HUD 
allocation of CDBG funds; except that local gov- 
ernments may also receive up to six hundred 
thousand dollars ($600,000) for a project that 
addresses Urgent Needs and up to four million 
dollars ($ 4 ,000,000) in Interim Assistance funds 
and funds for one demonstration project in addition 
to other grants awarded during the same time 
period. 

(c) Community Revitalization basic category 
applicants may spend no more than 15 percent of 
their total grant amount to finance local option 
activities. Local option activities are eligible 
activities which do not need to be directly related 
to proposed projects; however, job creation activi- 
ties are not eligible local option activities. Local 
option activities will not be competitively rated by 
the Division, but may be limited to specific eligi- 
ble activities housing, — wnter/scwcr. and street s; 
each local option project must show that; 

(1) At least fifty-one percent of the CDBG 
funds proposed for each activity will 
benefit low- and moderate-income 
personst ^ except that CDBG funds may 
be used for acquisition, disposition, or 
clearance of vacant units to address the 
national objective of prevention or 
elimination of slums or blight ; and 

(2) CDBG funds proposed for each activity 
will address the national objective of 
benefiting low- and moderate-income 
persons, or aid in the prevention or 
elimination of slums or blight. 

(d) The Division may review grant requests to 
determine the reasonableness and appropriateness 
of all proposed administrative and planning costs. 
Notwithstanding Rule .0910 of this Subchapter, 
grantees may not increase their approved planning 



and administrative budgets without prior Division 
approval. In no case, may applicants budget and 
expend more than 18 percent of the sum of funds 
requested and program income for administrative 
and planning activities for each project. 

(e) Applicants may spend CDBG funds in those 
areas in which the applicant has the legal authority 
to undertake project activities. 

(f) Grants to specific recipients will be provided 
in amounts commensurate with the size of the 
applicant's program. In determining appropriate 
grant amounts for each applicant, the Division may 
consider an applicant's need, proposed activities, 
all proposed administrative and planning costs, and 
ability to carry out the proposed activities. 

Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.483; 42 U.S.C. 5301. 

.0404 GRANT CATEGORY ALLOCATION 

(e) Each program year,, funds will be reserved 
for each grant category. Funds awarded to local 
governments will be reserved for each grant 
category in accordance with the Program Design 
Statement as approved annually by HUD, as 
follows: L'p to five percent of the grant will be 
awarded for — Housing — Development — grants. In 



additi 



up to five percent will be set aside for 



vc perecni win oc sci 
Urgent Needs grants and Contingency awards and 
up to twenty percent will be set aside for Eeonom 
ic Development grants each year. From time to 
time, the Division may set aside between one and 
two percent for demonstration grants. The remain- 
ing funds will be distributed by the Division to 
Community Revitalization grant applications. 

fb) — Awards will be made for Interim Assistance 
from funds available in the state's allocation in 
accordance with Rule .150 4 of this Subchapter. 

(c) Up to on e million dollars ($1,000,000) of 
fund s that are recaptured from previous CDBG 
grants by the state may be used to make additional 
grants in the Hou s ing Development category. 



Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.483. 

.0407 GENERAL APPLICATION 
REQUIREMENTS 

(a) Local governments are required to submit 
applications in a manner prescribed by the Divi- 
sion in order to be considered for funding. Selec- 
tion of applications for funding will be based 
primarily on information contained in the applica- 
tion; thus applications must contain sufficient 
information for the Division to rate them against 



2361 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



the selection criteria. In addition, the following 
may be considered: information from any source 
which regards the eligibility of the applicant or 
application, the legality or feasibility of proposed 
activities, the applicant's compliance with applica- 
tion procedures specified in this Subchapter, or the 
accuracy of the information presented in the 
application; evaluation of proposed projects by 
on-site review; and category-specific information 
described in Sections .0500, .0800, .1200, and 
.1300, t4509, and ^+600 of this Subchapter. All 
applicants are required to address their projects to 
one of the following grant categories: Community 
RevitalizationT (either concentrated needs or 
scattered site), Housing Development, Interim 
Assistance, Urgent Needs, or Entrepreneurial 
Empowerment Community Investment for Eco 
nomic Opportunity . Applicants may apply in more 
than one grant categoryT apply for several projects 
in the same grant category, and have more than 
one project approved , providing the total grant 
application and award does not exceed the maxi- 
mum limits described in Paragraphs (a) and (b) of 
Rule .0403 of this Section. Applicants shall 
submit an application that describes each project in 
sufficient detail to be adequately rated. 

(b) Applications must be received by the 
Division's administrative offices in Raleigh before 
5:00 p.m. on the submission date or sent by mail 
and postmarked on the submission date. 

(c) Applicants must provide citizens with ade- 
quate opportunity for meaningful involvement in 
the development of Community Development 
Block Grant applications. Specific citizen partici- 
pation guidelines are described further in Rule 
.1002 of this Subchapter. If the Division is aware 
of an applicant's failure to meet these citizen 
participation requirements, the Division may not 
rate the application. 

(d) The Division may submit all CDBG applica- 
tions and environmental review records as required 
by the National Environmental Policy Act and the 
State Environmental Policy Act to the State Clear- 
inghouse of the Department of Administration for 
review and comments. The Division may require 
each applicant to submit a written description of 
how the applicant proposes to address each com- 
ment received from the State Clearinghouse. 

(e) The applicant shall certify to the Division 
that it will comply with all applicable federal and 
state laws, regulations, rules and Executive Or- 
ders. Copies of these federal and state require- 
ments are available for public inspection from the 
Division. 

(f) Applicants must comply with the Housing 



and Community Development Act of 1974 as 
amended, all applicable federal and state laws, 
regulations, rules, Executive Orders and guidelines 
issued by the Division. 

(g) Application requirements described in this 
Rule .0407 do not apply to demonstration grants 
and Urgent Needs grants, except for Paragraphs 
(a), (d), (f) and (g). 

(h) For multi-family rental housing activities, 
the applicant must state in the application the 
standards it has adopted for determining affordable 
rents for such activities. 

Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5304(a); 24 C.F.R. 570.483. 

SECTION .0500 - COMMUNITY 
REVITALIZATION PROJECTS 

.0501 DESCRIPTION 

(a) The Community Revitalization category 
includes activities in which a majority of funds is 
directed towards improving, preserving or devel- 
oping residential areas. All eligible CDBG activi- 
ties may be undertaken for the purpose of commu- 
nity revitalization. 

(1) Applications for funding may involve 
single or multiple activities, addressing 
one or more needs in the area except 
for scattered site subcategory which 
addresses one need. 

(2) All community revitalization activities, 
except for scattered site activities, must 
be carried out within project areas of 
concentrated need. 

(3) Community Revitalization funds are 
distributed to eligible units of local 
government on a competitive basis. 
Community Revitalization projects will 
be evaluated against other Community 
Revitalization project proposals. 

(b) The Community Revitalization category also 
includes a subcategory for scattered site housing 
activities which are directed towards one hundred 
per cent low and moderate income benefit or the 
prevention or elimination of slums or blight. 
Scattered site projects are limited to housing 
rehabilitation, acquisition, disposition, clearance, 
and relocation activities. 

(1) Scattered site activities may be carried 
out in any location throughout the 
applicant's jurisdiction and need not be 
carried out in an area of concentrated 
need. 

(2) No local funds are required or expected 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2362 



PROPOSED RULES 



to be contributed to scattered site hous- 
ing rehabilitation projects. 
(3) Scattered site funds are distributed to 
eligible units of local government on a 
competitive basisT ± and projects will be 
evaluated against other scattered site 
project proposals. 

Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5301; 24 C.F.R. 570.483. 



accomplishments in previously funded 

CDBG programs. 
Applicants that show a lack of capacity will not be 
rated or funded. 

Authority G.S. 143B-10; 143B-431: 42 U.S.C.A. 
5301; 24 C.F.R. 570.483. 

SECTION .0900 - GRANT 
ADMINISTRATION 



.0502 ELIGIBILITY REQUIREMENTS 

(a) Applications for Community Revitalization 
basic category funds must show that: 

(1) At least 51 percent of the CDBG funds 
proposed for each activity will benefit 
low- and moderate-income persons^ 
except that CDBG funds proposed for 
local option activities may be used for 
acquisition, disposition, or clearance of 
vacant units to address the national 
objective of prevention or elimination 
of slums or blight ; and 

(2) CDBG funds proposed for each activity 
will address the national objective of 
benefiting low- and moderate-income 
persons, or aid in the prevention or 
elimination of slums or blight. 

Applications that do not meet these eligibility 
requirements will not be rated or funded. In 
designing projects which meet these requirements, 
applicants must appropriately ensure that activities 
do not benefit moderate-income persons to the 
exclusion of low-income persons. 

(b) Applicants for scattered site subcategory 
funds must show that: 

(1) All rehabilitation activities benefit 100 
percent low and moderate income per- 
sons; and 

(2) CDBG funds proposed for acquisition, 
clearance, and disposition of vacant 
units will address the national objective 
of preventing or eliminating slums or 
blight. 

(c) Applicants shall have the capacity to admin- 
ister a CDBG program. The Division may exam- 
ine the following areas to determine capacity: 

(1) audit and monitoring findings on previ- 
ously funded Community Development 
Block Grant programs, and the 
applicant's fiscal accountability as 
demonstrated in other state or federal 
programs or local government financial 
reports; and 

(2) the rate of expenditure of funds and 



.0901 GRANT AGREEMENT 

(a) Upon approval of the application by the 
Division, a written grant agreement will be execut- 
ed between the recipient and the Division. These 
Rules, subsequent guidelines prepared by the 
Division, the approved application, and any subse- 
quent amendments to the approved application 
shall become a part of the grant agreement. 

(b) The grant agreement in its original form and 
all modifications thereto shall be kept on file in the 
office of the recipient in accordance with Rule 
.091 1 of this Section. 

(c) The Division may condition the grant agree- 
ment until the recipient demonstrates compliance 
with all applicable laws and regulations. In the 
case of Housing Development and Entrepreneurial 
Empowerment and — Community — Investment — fef 
Economic Opportunity projects the grant agree- 
ment may be conditioned until legally binding 
commitments have been obtained from all partici- 
pating entities. 

(d) Neither CDBG nor non-CDBG funds in- 
volved in a project may be obligated, nor may any 
conditioned project activities begin until the Divi- 
sion releases in writing any and all applicable 
conditions on the project. Recipients may incur 
certain costs prior to release of conditions with 
prior Division approval in accordance with Rule 
.0908 of this Section. 

Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.483. 

.0906 FLNANCIAL MANAGEMENT 
SYSTEMS 

Recipient financial management systems shall 
provide for accurate, current and complete disclo- 
sure of the financial results of each grant program 
in accordance with reporting requirements set forth 
in G.S. 159. Subchapter III. the Local Government 
Budget and Fiscal Control Act. Recipients shall 
meet the following requirements: 

( 1 ) All grant funds shall be expended in 
accordance with a budget ordinance or 



2363 



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PROPOSED RULES 



) 



project ordinance adopted under G.S. 
159-8 and G.S. 159-13.2 respectively; 

(2) A recipient may deposit or invest all or 
part of the cash balance of any grant 
fund; however, all interest earned shall 
be returned to the Department in accor- 
dance with Rule .0907(c) of this Section; 

(3) Investment deposits shall be secured as 
provided in G.S. 159-3 1(b); 

(4) The recipient shall designate as its offi- 
cial depositories one or more banks or 
trust companies in the State in accordance 
with G.S. 159-31(a); 

(5) All budgetary accounting for appropria- 
tions of grant funds shall be in accor- 
dance with the procedures for incurring 
obligations and disbursements as set forth 
in G.S. 159-28; 

(6) Each recipient shall establish an account- 
ing system in accordance with G.S. 
159-26; 

(7) The recipient's finance officer, and each 
officer, employee, or agent who handles 
or has in his custody more than one 
hundred dollars ($100.00) of grant funds 
at any time, or who handles or has access 
to the recipient's inventories, shall be 
bonded in accordance with G.S. 159-29; 

(8) Each recipient shall maintain records that 
identify adequately the source and appli- 
cation of funds for grant-supported activi- 
ties. These records shall contain infor- 
mation pertaining to federal awards and 
authorizations, obligations, unobligated 
balances, assets, liabilities, outlays, and 
income; 

(9) A system for procedures for procurement 
and property management shall be pro- 
vided in accordance with Rule .0908 and 
Rule .0909 of this Section; 

(10) All cash receipts must be deposited with, 
or to the credit of, the finance officer. 
This includes program revenues, reim- 
bursements of travel, vendor payments or 
other items previously recorded as expen- 
ditures, and all other grant monies from 
the Department; 

(11) Recipients must develop a systematic 
method to assure timely and appropriate 
resolution of audit findings and recom- 
mendations; 

(12) Recipients shall require subgrantees to 
adopt the standards set forth in this Rule; 

(13) Recipients shall comply with the Office 
of Management and Budget Circular 



A-87, entitled Cost Principles for State 
and Local government. In applying OMB 
A-87 the term "federal agency" shall 
mean the Department; 

(14) Recipients shall record the receipt and 
expenditure of project revenues from 
taxes, special assessments, levies, fines, 
etc., in accordance with generally accept- 
ed accounting principles; 

(15) Subrecipients shall comply with the Of- 
fice of Management and Budget Circular 
A-l 10, entitled Uniform Administrative 
Requirements for Grants and other 
Agreements with Institutions of Higher 
Education, Hospitals, and other Nonprof- 
it Organizations. 

Authority G.S. 14-234; 143B-10; 143B-431; 24 
C.F.R. 570.489; 24 C.F.R. 570.496. 

.0912 AUDIT 

(a) The recipient's financial management sys- 
tems shall provide for audits to be made by the 
recipient or at the recipient's direction, in accor- 
dance with the following: 

( 1 ) The recipient shall provide for an audit 
of its CDBG program on an annual 
basis for any fiscal year in which twen- 
ty-five thousand ($25,000) or more in 
CDBG funds are received in accor- 
dance with the annual independent audit 
procedures set forth in G.S. 159-34; 

(2) The CDBG program audit shall be 
performed in conjunction with the 
regular annual independent audit of the 
recipient and shall contain an examina- 
tion of all financial aspects of the 
CDBG program as well as a review of 
the procedures and documentation 
supporting the recipient's compliance 
with applicable statutes and regulations; 

(3) CDBG program funds may only be 
used to pay for the CDBG portion of 
the audit costs; 

(4) The recipient shall submit the Annual 
Audit Report to the Division, including 
the information identified in Paragraph 
(b) of this Rule, along with an Annual 
Performance Report as required by 
Rule .1101 of this Subchapter; and 

(5) The Division may require separate 
closeout audits to be prepared by the 
recipient in accordance with Paragraph 
.0913 (e) of this Section. 

(b) Audits shall comply with the requirements 



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2364 



PROPOSED RULES 



set forth in this Paragraph: 

(1) Audits will include, at a minimum, an 
examination of the systems of internal 
control, systems established to insure 
compliance with laws and regulations 
affecting the expenditure of grant funds, 
financial transactions and accounts, and 
financial statements and reports of 
recipient organizations; 

(2) Financial statements shall include foot- 
notes, comments which identify the 
statements examined, the period cov- 
ered, identification of the various pro- 
grams under which the recipient re- 
ceived CDBG funds, and the amount of 
the awards received; 

(3) Audits shall be made in accordance 
with the GENERAL ACCOUNTING 
OFFICE STANDARDS FOR AUDIT 
OF GOVERNMENTAL ORGANIZA- 
TIONS, PROGRAMS, ACTIVITIES 
AND FUNCTIONS, THE GUIDE- 
LINES FOR FINANCIAL AND COM- 
PLIANCE AUDITS OF FEDERALLY 
ASSISTED PROGRAMS, any compli- 
ance supplements approved by the 
Federal Office of Management and 
Budget (OMB), and generally accepted 
auditing standards established by the 
American Institute of Certified Public 
Accountants; 

(4) The audit shall include the auditor's 
opinion as to whether the financial 
statements are fairly presented in accor- 
dance with generally accepted account- 
ing principles. If an unqualified opin- 
ion cannot be expressed, state the na- 
ture of the qualification; 

(5) The auditors' comments on compliance 
and internal control shall: 

(A) Include comments on weaknesses in 
and noncompliance with the systems 
of internal control, separately identi- 
fying material weaknesses; 

(B) Identify the nature and impact of any 
noted instances of noncompliance with 
the terms of agreements and those 
provisions of State or Federal laws 
and regulations that could have a 
material effect on the financial state- 
ments and reports; 

(C) Contain an expression of positive 
assurance with respect to compliance 
with requirements for tested items and 
negative assurance for untested items; 



(D) Comment on the accuracy and com- 
pleteness of financial reports and 
claims for advances or reimbursement 
to Federal agencies; 

(E) Comment on corrective action taken 
or planned by the recipient; 

(6) Work papers and reports shall be re- 
tained for a minimum of three years 
from the date of the audit report unless 
the auditor is notified in writing by the 
Division of the need to extend the 
retention period. The audit work pa- 
pers shall be made available upon re- 
quest to the Division and the General 
Accounting Office or its designees; 

(7) If during the course of the audit, the 
auditor becomes aware of irregularities 
in the recipient organization the auditor 
shall promptly notify the Division and 
recipient management officials about 
the level of involvement. Irregularities 
include such matters as conflicts of 
interest, falsification of records or 
reports, and misappropriation of funds 
or other assets; 

(8) Selection of an independent auditor 
shall be in accordance with Rule .0908 
of this Section. 

(c) A "single audit," in which the regular inde- 
pendent auditor will perform an audit of all com- 
pliance aspects for all federal grants along with the 
regular financial audit of the recipient, is permissi- 
ble. Where feasible, the recipient shall use the 
same auditor so that the audit will include the 
financial and compliance work under a single plan 
in the most economical manner. 

(d) Small audit firms and audit firms owned and 
controlled by socially and economically disadvan- 
taged individuals shall have the maximum practica- 
ble opportunity to participate in the performance of 
contracts awarded with CDBG funds. Recipients 
shall take the following affirmative action to 
further this goal: 

(1) Assure that small audit firms and audit 
firms owned and controlled by socially 
and economically disadvantaged indi- 
viduals as defined in PL. 95-507 are 
used to the fullest extent practicable; 

(2) Make information on forthcoming 
opportunities available, and arrange 
time frames for the audit so as to en- 
courage and facilitate participation by 
small or disadvantaged firms; 

(3) Consider in the contract process wheth- 
er firms competing for larger audits 



2365 



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PROPOSED RULES 



intend to subcontract with small or 
disadvantaged firms; 

(4) Encourage contracting with small or 
disadvantaged audit firms which have 
traditionally audited government pro- 
grams, and in such cases where this is 
not possible, assure that these firms are 
given consideration for audit subcon- 
tracting opportunities; 

(5) Encourage contracting with consortiums 
of small or disadvantaged audit firms 
when a contract is too large for an 
individual small or disadvantaged audit 
firm; and 

(6) Use the services and assistance, as 
appropriate, of the Small Business 
Administration, and the Minority Busi- 
ness Development Agency of the U.S. 
Department of Commerce in the solici- 
tation and utilization of small or disad- 
vantaged audit firms. 

(e) All records, data, audit reports and files shall 
be maintained in accordance with Rule .0909 of 
this Section, unless otherwise stated in this Rule. 

(f) The provisions of this Rule do not limit the 
authority of the Department to make audits of 
recipients' organizations. 



Cities CDBG Recipients" (November _L 1993) , 
including subsequent amendments and editions. 
Copies of the this Section and the Guidelines are 
available for public inspection from the Division of 
Community Assistance. Single copies are avail- 
able from this Division in Raleigh, North Carolina 
at no charge. 

(d) In lieu of the testing procedures set forth in 
the Guidelines, the recipient may forego testing 
and abate all applicable surfaces m accordance 
with the methods set out in the Guidelines. 

Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5304(b)(4); 42 U.S.C.A. 4821 through 4846; 24 
C.F.R. 487(c). 

SECTION .1200 - CONTINGENCY 
PROJECTS 

.1202 ELIGIBILITY' REQUIREMENTS 

Applicants must meet the re s pective eligibility 
requirements ^described in e ither Rule .0502 .^ 
.1302. or .1 4 02) that relate to the type of project 
proposed by the applicant. 

Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.482. 



Authority G.S. 143B-W; 143B-431; 159-34; 42 
U.S.C.A. 5304(d)(2), (e); 24 C.F.R. 570.492. 



SECTION .1300 - HOUSING 
DEVELOPMENT PROJECTS 



SECTION .1000 - COMPLIANCE 
REQUIREMENTS 

.1011 LEAD-BASED PAINT 

(a) The recipient must comply with the 
Lead-Based Paint Poisoning Prevention Act [42 
U.S.C. 4831(b)], 24 CFR Part 570.608, 2 4 CFR 
570. 4 87(c), and 24 CFR Part 35. including provi- 
sions of the above: 

(1) prohibiting the use of lead-based paint; 

(2) requiring elimination of lead-based 
paint hazards; and 

(3) requiring notification of the hazards of 
lead-based paint poisoning to purchas- 
ers.! owners and tenants of housing 
constructed prior to 1978 which was 
acquired or rehabilitated with CDBG 
assistance. 

(b) All construction contracts as described in 
this Rule shall contain a provision prohibiting the 
use of lead based paint. 

(c) This Subchapter incorporates by reference 24 
CFR 570-487(c) and "Lead-Based Paint Hazard 
Reduction Guidelines for North Carolina Small 



.1302 ELIGIBILITY REQUIREMENTS 

(a) Applications for Housing Development funds 
must show that: 

(1) At least 51 percent of the CDBG funds 
proposed for each activity will benefit 
low- and moderate-income persons; and 

(2) CDBG funds proposed for each activity 
will address the national objective of 
benefiting low- and moderate-income 
persons, or aid in the prevention or 
elimination of slums or blight. Appli- 
cants that do not meet these require- 
ments will not be rated or funded. 

(b) Applicants shall have the capacity to admin- 
ister a Community Development Block Grant 
Program. The Division may examine the follow- 
ing areas to determine capacity: 

(1) audit and monitoring findings on previ- 
ously funded Community Development 
Block Grant Programs, and the 
applicant's fiscal accountability as 
demonstrated in other state or federal 
Programs or local government financial 
reports; and 



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2366 



PROPOSED RULES 



(2) the rate of expenditure of funds in 
previously funded Community Develop- 
ment Block Grant Programs. 
(c) Housing Development projects will not be 
competitively rated by the Division, but may be 
limited to specific eligible activities. 



Authority G. S. 
570.483. 



143B-10; 143B-431; 24 C.F.R. 



ment Action Grant formula. 

Authority G.S. 143B-10; 143B-431; 24 C.F.R. 

570.482. 

.1503 SELECTION CRITERIA 

Criteria s hall be announced by the Division at 
least 60 day s prior to its acceptance of applications 
in thi s category. 



.1303 SELECTION CRITERIA 

Selection criteria will be announced by the 
Division at least 4 5 days prior to accepting appli- 
cations for this category. The Division may accept 
applications on a continuous basis for development 
grants periodically, at any time after the announce- 
ment of selection criteria. 

Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.489. 

SECTION .1500 - LNTERIM ASSISTANCE 



.1501 DESCRIPTION 

The Interim Assistance grant category includes 
activities — directed — toward — the — development — ©f 
affordable housing units and eligible activities in 
which a majority of fund s are directed toward 
promoting the creation or retention of job s princi 
pally for person s of low and moderate income. 
All program income resulting from the CDBG 
e xpenditure, as determined at the time of the grant 
application, mu s t be returned to grant recipients or 
to the Department as provided under Rule .0907 of 
this Subchapter. 



Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.482. 



Authority G. S. 
570.482. 



143B-10: 143B-431; 24 C.F.R. 



.1502 ELIGIBILITY REQUIREMENTS 

(a) — Application s for Interim jVssistanec must 
demonstrate that the project s hall be completed and 
program income at least equal to the grant award 
returned to the Department or the recipient within 
the — approved project — period — not to — exceed — ^ 
month s of the grant award in accordance with Rule 
.0907 of this Subchapter. 

fb-* Projects which — are de s igned to — provide 

as s i s tance for the creation of jobs mu s t comply 
with the requirements of 4 NCAC IK .0302. 

fe-> Projects — which — are de s igned to — develop 

affordable hou s ing for low — and moderate income 

persons — must — maintain — rents — fef — lew and 

moderate income families at affordable l evel s , a s 
determined by u s e of the HUD Housing Develop 



.1504 FUNDS AVAILABLE 

The 



le amount of funds from the current allocation 
used for 36 month Interim Assistance grants shall 
be based upon the aggregate draw down rate of 
fund s awarded from the allocation received from 



HUD thr 



iree years prior to the current allocation. 
Specifically, it s hall be limited to 75 percent of the 
percentage of fund s not drawn down from the 
allocation received from HUD three year s prior to 
the current allocation as of June 30 of the current 
year. — Up to 50 percent of the current allocation 
may be used for interim Assistance projects which 
will be completed in less than 18 month s . 



Authority G.S. 143B-10; 143B-431; 
570.482. 



24 C.F.R. 



.1505 PRELIMINARY AWARDS 

The Division shall announce preliminary grant 
awards — after — review and — evaluation — of Interim 
Assi s tance application s . — A grant agreement shall 
not be extended to a recipient until the recipient 
demon s trates to the Divi s ion that it has received 
from the developer an irrevocabl e l e tt e r of cr e dit 
or comparable in s trument guaranteeing that the 
amount of CDBG dollar s provided in assistance to 
the developer will be returned to the recipient at 

the completion of the project. A preliminary 

award may be withdrawn by the Divi s ion if an 
acceptable instrument has not been provided to and 
approved by the Divi s ion within 90 day s from the 
date of the preliminary award. — If a recipient that 
ha s rec e ived a preliminary award demonstrate s that 
special circumstances warrant, the Division may 
grant an extension of time for providing the instru 
ment subject to the provisions in Rule .010 4 of 
this Subchapter. — In no case shall the time for 
providing the instrument exceed six months from 
the preliminary grant award date. 



Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.482. 



2367 



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PROPOSED RULES 



SECTION .1600 - COMMUNITY 

INVESTMENT FOR ECONOMIC 

OPPORTUNITY 

.1601 DESCRIPTION 

fa) — This category includes activitie s in which a 
majority of funds arc directed toward expanding 
economic opportunities principally for person s of 

Jew — te — moderate income. Activities — must — be 

carried out by an eligible non profit organization 
incorporated in North Carolina. 

fe) — Funds will be made available as a loan, and 
may be used for the acquisition of real property, 
site — preparation, — con s truction — and — permanent 
financing — ef- — buildings — (including — any — related 
pre development fees), — renovation of buildings, 
equipment, and furnishings and fixtures. — Funds 
will come from the proceeds collected from repay 
ments of loan s that have been returned to the state 
from Economic Development project s . 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570.482. 

.1602 ELIGIBILITY REQUIREMENTS 

fa) — Application s must demon s trate that at lea s t 
51 percent of the CDBG fund s propo s ed for each 
activity will — benefit — lew — and moderate income 

persons. Project — design — may — net — benefit 

moderate income — person s — te — the — exclusion — ef 
low income per s on s . 

(b) A person who is authorized by the non profit 
to act on its behalf must sign a letter committing 
the organization to achieving the 51 percent benefit 
and to securing the other funds that are part of the 
project. 

fe) — Applicants must have the capacity to admin - 
i s ter a CDBG program. The following areas may 
be examined to determine capacity: 

{4-) Audit and monitoring funds on prcvi 

ously funded CDBG program s , and th e 
applicant' s — fi s cal — accountability — as 
demonstrated in other state and federal 
programs or local government financial 
report s ; and 

f2) The rate of expenditure of fund s and 

past accomplishments of other project 
commitments — m — previou sl y — funded 
CDBG program s . 



annual s tatement of program design as approved 
by HUD. 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570. 482. 

. 1 604 PRELIMINARY AWARDS 

(a) — Preliminary grant awards will be announced 
after review and evaluation of an applicat i on. — A 
Grant Agreement s hall not be extended to a locali 
ty until a Legally Binding Commitment with the 
participating non profit entity has been executed, 

and — approved — by — the — Divi s ion. T-ne — Legally 

Binding Commitment s hall incorporate 

project specific implementation requirements 

reflecting key project elements; including activities 
necessary for the project to proceed and goal s to 
be met. 

fe) — The Legally Binding Commitment must be 
submitted to and approved by the Division within 
90 day s of the preliminary award announcement. 
A — preliminary — award — may — be — withdrawn — if— a 
Legally — Binding — Commitment — is — net — approved 
within the 90 day period. — Subject to the provi 
sions in Rule .010 4 of this Subchapter, an cxtcn 
s ion of time for executing the Legally Binding 
Commitment s ubject to acceptable assurances and 
a timetable — from — aH — parties — involved — may — be 
granted. — In no case shall the time for executing a 
Legally Binding Commitment exceed s ix month s 
from the preliminary grant award date. 



Authority G.S. 
570. 482. 



143B-10; 143B-431; 24 C.ER. 



Authority G S. 
570.482. 



143B-10; 143B-431; 24 C.ER. 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

1\ otice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Medical Assistance 
intends to amend rule cited as 10 NCAC SOB 
.0406. 

1 he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 1:30 
p.m. on April 18, 1994 at the North Carolina 
Division of Medical Assistance, 1985 Umstead 
Drive, Room 132, Raleigh, NC 27603. 



.1603 SELECTION CRITERIA 

Project s will be evaluated in accordance with the 



R 



eason for Proposed Action: Amendment neces- 



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2368 



PROPOSED RULES 



sary to identify those individuals in residential 
group facilities or nursing facilities for whom 
policy requires the application of deductible policy 
in the determination of eligibility for other covered 
services when the individuals cost of care in the 
facility will not be covered by Medicaid. 

KsOtnment Procedures: Written comments con- 
cerning this amendment must be submitted by April 
14, 1994, to: Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC, 27603 Attn: 
Clarence Ervin, APA Coordinator. Oral comments 
may be presented at the hearing. In addition, a 
fiscal impact statement is available upon written 
request from the same address. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50B - ELIGIBILITY 
DETERMINATION 

SECTION .0400 - BUDGETING 
PRINCIPALS 

.0406 DEDUCTIBLE 

(a) Deductible shall apply to a cli e nt s living 
client in the community in privat e following living 
quarters or r e sid e ntial group faciliti e s, e xc e pt that 
a cli e nt in long t e rm car e who i s e xp e ct e d to r e turn 
to his home within six months r e tain s hi s privat e 
living status, arrangements: 

(1) In the community, m private living 
quarters; or 

(2) In a residential group facility; or 

(3) In a long term care living arrangement 
when the client: 

(A) Has enough income monthly to pay 
the Medicaid reimbursement rate for 
31 days, but does not have enough 
income to pay the private rate plus all 
other anticipated medical costs; or 

(B) Is under a sanction due to a transfer 
of resources as specified jn Rule 
.0312 of this Subchapter; or 

(C) Does not yet have documented prior 
approval for Medicaid payment of 
nursing home care; or 

(D) Resided in a newly certified facility in 
the facility's month of certification; or 

(E) Chooses to remain in a decertified 
facility beyond the last date of Medic- 
aid payment; or 

(F) Is under a Veterans Administration 
(VA) contract for payment of cost of 



care in the nursing home. 

(b) The client or his representative shall be 
responsible for providing bills, receipts, insurance 
benefit statements or Medicare EOB to establish 
incurred medical expenses and his responsibility 
for payment. If the client has no representative 
and he is physically or mentally incapable of 
accepting this responsibility, the county shall assist 
him. 

(c) Expenses shall be applied to the deductible 
when they meet the following criteria: 

(1) The expenses are for medical care or 
service recognized under state or feder- 
al tax law; 

(2) The are incurred by a budget unit mem- 
ber; 

(3) They are incurred: 

(A) During the certification period for 
which eligibility is being determined 
and the requirements of Paragraph (d) 
of this Rule are met; or 

(B) Prior to the certification period and 
the requirements of Paragraph (e) of 
this Rule are met. 

(d) Medical expenses incurred during the certifi- 
cation period shall be applied to the deductible if 
the requirements in Paragraph (c) of this Rule are 
met and: 

( 1 ) The expenses are not subject to pay- 
ment by any third party including insur- 
ance, government agency or program 
except when such program is entirely 
funded by state or local government 
funds, or private source; or 

(2) The private insurance has not paid such 
expenses by the end of the application 
time standard; or 

(3) For certified cases, the insurance has 
not paid by the time that incurred ex- 
penses equal the deductible amount; or 

(4) The third party has paid and the client 
is responsible for a portion of the 
charges. 

(e) The unpaid balance of a Medical expense 
incurred prior to the certification period shall be 
applied to the deductible if the requirements in 
Paragraph (c) of this Rule are met and: 

(1) The medical expense was: 

(A) Incurred within 24 months immediate- 
ly prior to: 
(i) The month of application for 
prospective or retroactive certifi- 
cation period or both; or 
(ii) The first month of any subsequent 
certification period; or 



2369 



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PROPOSED RULES 



(A) 
(B) 

(Q 



(B) Incurred prior to the period described 
in Subparagraph (e)(1)(A) of this 
Rule; and a payment was made on the 
bill during that period; and 
(2) The medical expense: 
Is a current liability; 
Has not been applied to a previously 
met deductible; and 
Insurance has paid any amount of the 
expense covered by the insurance. 

(f) Incurred medical expenses shall be applied to 
the deductible in chronological order of charges 
except that: 

(1) If medical expenses for Medicaid cov- 
ered services and non-covered services 
occur on the same date, apply charges 
for non-covered services first; and 

(2) If both hospital and other covered 
medical services are incurred on the 
same date, apply hospital charges first; 
and 

(3) If a portion of charges is still owed 
after insurance payment has been made 
for lump sum charges, compute in- 
curred daily expense to be applied to 
the deductible as follows: 

(A) Determine average daily charge ex- 
cluding discharge date from hospitals; 
and 

(B) Determine average daily insurance 
payment for the same number of 
days; and 

(C) Subtract average daily insurance 
payment from the average daily 
charge to establish client's daily re- 
sponsibility. 

(g) Eligibility shall begin on the day that in- 
curred medical expenses reduce the deductible to 
$0, except that the client is financially liable for 
the portion of medical expenses incurred on the 
first day of eligibility that were applied to reduce 
the deductible to $0. If hospital charges were 
incurred on the first day of eligibility, notice of the 
amount of those charges applied to meet the 
deductible shall be sent to the hospital for deduc- 
tion on the hospital's bill to Medicaid. 

(h) The receipt of proof of medical expenses and 
other verification shall be documented in the case 
record. 

Authority G.S. 108A-54; 42 C.F.R. 435.732; 42 
C.ER. 435.831; Alexander v. Flaherty; U.S.D.C. 
W.D.N. C. . File Number C-C-74-483; Alexander v. 
Flaherty Consent Order filed February 14. 1992. 



TITLE 11 - DEPARTMENT 
OF INSURANCE 

xY otice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of Insurance 
intends to amend rule cited as 11 NCAC 6A .0802. 

1 he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on March 31 , 1994 at the Dobbs Building, 
3rd Floor Hearing Room, 430 N. Salisbury Street, 
Raleigh, N.C. 27611. 

IXeason for Proposed Action: Defines licensee 
requirements. 

(comment Procedures : Written comments may be 
sent to George Brown at P.O. Box 26387, Raleigh, 
N.C. 27611. Oral presentations may be made at 
the public hearing. Anyone having questions 
should call George Brown at (919) 733-7487 or 
Ellen Sprenkel at 733-4529. 

CHAPTER 6 - AGENT SERVICES 
DIVISION 

SUBCHAPTER 6A - AGENT SERVICES 
DIVISION 

SECTION .0800 - CONTINUING 
EDUCATION 

.0802 LICENSEE REQUIREMENTS 

(a) Life and health licensees shall obtain 12 
ICECs during each calendar year in approved life 
and health courses. 

(b) Property and liability licensees shall obtain 
12 ICECs during each calendar year in approved 
property and liability courses. 

(c) Any person holding more than one license to 
which this Section applies shall obtain 18 ICECs 
during each calendar year, including a minimum of 
six ICECs for each kind of license. 

(d) An instructor shall receive the maximum 
ICECs awarded to a student for the course. 

(e) Licensees shall not receive ICECs for the 
same course more often than one time in any three 
calendar year period except when there are major 
revisions within the course. The Commissioner 
shall determine whether the revisions are substan- 



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2370 



PROPOSED RULES 



tial enough to qualify for additional ICECs within 
a three calendar year period. 

(f) Licensees do not have to obtain ICECs for 
the calendar year in which they are initially li- 
censed. 

(g) Licensees shall receive ICECs for a course 
only for the calendar year in which the course is 
completed. Any course requiring an examination 
shall not be considered completed until the licensee 
passes the examination. 

(h) Licensees shall not receive ICECs for cours- 
es completed prior to January 1, 1991. 

(i) Licensees shall maintain records of all ICECs 
for three years following the obtaining of such 
ICECs, which records shall be available for in- 
spection upon the Commissioner's request. 

(j) Nonresident licensees who meet continuing 
education requirements in their home states meet 
the continuing education requirements of this 
Section. Nonresident licensees whose home states 
have no continuing education requirements shall 
meet the requirements of this Section, except for 
the mandatory statute and rule update. 

(k) Licensees shall be required to complete only 
the mandatory statute and rule update prescribed in 
Paragraph (p) of this Rule if they: 

( 1 ) are age 65 or older; and 

(2) have been continuously licensed in the 
line of insurance for at least 25 years; 
and either 

(3) hold a nationally recognized profession- 
al designation for the line of insurance. 
Acceptable designations include those 
listed in 11 NCAC 6A .0803 (a) and 
(b); or 

(4) meet the requirements of Subparagraphs 
(1) and (2) of this Paragraph and certify 
to the Department of Insurance annually 
they are inactive agency owners who 
neither solicit applications for insurance 
nor take part in the day to day opera- 
tion of the agency. 

(1) Courses completed prior to the issue date of 
a new license do not meet the requirements of this 
Section for that new license. 

(m) No credit will be given for courses taken 
before they have been approved by the Depart- 
ment. 

(n) Persons who hold adjuster licenses shall 
obtain 12 ICECs during each calendar year in 
approved property and liability courses , including, 
in calendar year — 1993 and each even numbered 
calendar year thereafter, the mandatory statute and 
rule update required by Paragraph (p) of thi s Rule . 
As used in this Section, "licensee" includes a 



person who holds an adjuster license and who is 
required to comply with this Section. 

{&) — In calendar year 199 4 and in each even 
numbered calendar year thereafter, each licensee 
s hall complete an approved course that comprises 
information about and in s truction in insurance and 
in s urance related statutes and administrative rules. 



those 



including recent changes or developments in 
s tatute s and rule s . — The Commis s ioner may also 
approve courses that also include relevant court 
decisions. 

(o) tp) Each agent holding an active surplus 
lines license with an effective date before January 
1 , 1994, must take a surplus lines course as part of 
the agent's 1994 property and liability continuing 
education requirement. Each agent issued a 
surplus lines license in 1994 must take a surplus 
lines course as part of the agent's 1995 property 
and liability continuing education requirement. 

Statutory Authority G.S. 58-2-40; 58-33-130. 

TITLE 12 - DEPARTMENT 
OF JUSTICE 

I\ otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Justice intends to amend rule cited as 12 NCAC 1 
.0212. 

1 he proposed effective date of this action is June 
1. 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on March 31, 1994 at the N.C Department 
of Justice, Olivia Raney Building, 1st Floor Con- 
ference Room, Raleigh, N.C 27602. 

t\eason for Proposed Action: Amend internal 
grievance procedure to conform to policy approved 
by the State Personnel Commission at their Febru- 
ary 3, 1994 meeting. 

Lsomment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
March 14, 1994 through April 14. 1994. Written 
comments must be delivered or mailed to Special 
Deputy Attorney General Lars F Nance, 104 
Fayetteville Street Mall. P.O. Box 629, Raleigh, 
N.C. 27602-0629. 



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PROPOSED RULES 



CHAPTER 1 - DEPARTMENTAL RULES 
SECTION .0200 - PERSONNEL RULES 

.0212 GRIEVANCE PROCEDURE 

(a) Step I. If an employee ha s a problem or 
grievance, within 15 day s it s hould first be dis 
cussed with his immediate supervisor. — Within five 
working days, the s upervi s or s hall respond to the 
employee. An employee who wishes to file a 
formal grievance, on a work-related problem, shall 
submit a written statement to the Department's 
Personnel Director within 15 calendar days of the 
incident giving rise to the grievance. The Person- 
nel Director will notify the employee's supervisor 
that a grievance has been filed. A meeting shall 
take place between the appropriate supervisor and 
employee within 10 calendar days of the date the 
Department was notified of the grievance. The 
Supervisor is to provide the employee with a 
written answer within 10 calendar days from the 
date of the meeting between the employee and 
supervisor. If the employee is not satisfied with 
the Step 1 decision, he may move to Step 2_, within 
10 calendar days of receiving the Step 1 decision. 

(b) Step II. If the decision of the supervisor is 
not satisfactory to the employee, or if he fails to 
receive an answer within the de s ignated period 
provided in Step I, he may then pre s ent hi s griev 
ancc or problem to his division head within 5 
days. — The division head then has five day s to 
respond to the employee. The employee may 
appeal to the Departmental Personnel Director 
requesting that the appeal be reviewed. This 
appeal shall, be j_n writing. The Personnel Direc- 
tor shall, after consultation with Division Manage- 
ment, designate the level of management responsi- 
ble for rendering a decision on the appeal and 
provide the designee with relevant information and 
procedural instructions. In cases where such 
reviews would be redundant. Step 2 may be 
waived by Division Management. Normally, a 
Step 2 designee will render his decision no more 
than 10 calendar days from the date of his designa- 
tion. If it js not possible for a decision to be 
reached within 10 days, the employee will be 
advised on a continuing and current basis by the 
designee of the status of the grievance and the 
proposed date for reaching a decision. The 
designee will provide, in writing, to the employee, 
supervisor, and Departmental Personnel Director 
his decision and if applicable, any recommended 
solutions to the grievance. Jf the recommendation 
involves an exception to Departmental policy, the 
designee will consult with the Department's Per- 



sonnel Director before rendering a decision in 
order to ensure compliance with Departmental 
policy. Copies of all correspondence shall be 
forwarded to the Department's Personnel Director 
by the designee. If the employee is not satisfied 
with the Step 2 decision, he must appeal to Step 3j 
within 15 calendar days of receiving the Step 2 
decision. If the employee h> not satisfied with the 
Step 2 decision, he must appeal to Step 3j within 



15 calendar days of receiving the Step 2 decision. 
With respect to a grievance concerning an oral 
warning, a written warning or a final written 
warning, the Step 2 decision is the final decision 
and is not appealable. 

(c) Step III. If the decision of the divi s ion head 
is not satisfactory to the employee, within 5 days 
he may then appeal to the grievance committee. 
With the approval of the Attorney General and 
subject to the right of the employee to appeal to 
the — State — Personnel — Commission the — grievance 
committee's deci s ion s hall be final. After Steps \ 
and 2 have been exhausted, the employee may 



request that his complaint be heard by a Grievance 
Review Committee. The appeal shall be filed m 
writing, and must by received by the Department's 
Personnel Director within 15 calendar days from 
the date the grievant receives the Step 2 decision. 
The Personnel Director shall inform the Step 2 
decision-maker of receipt of the appeal notice. 
The Step L, Step 2^ and Step 3 appeal notices. 
Division management's responses, and all relevant 
disciplinary actions taken against the grievant shall 
be submitted by Division management, to the 
Personnel Director, within 10 calendar days of 



management's receipt of the Step 3 appeal notice. 
Upon receipt of the grievant's notice of appeal and 
Division management's response, the Department's 
Personnel Director shall determine if the matters 
raised in the appeal are grievable and if the appeal 
is timely filed. If the appeal is deficient in either 
regard, the Departmental Personnel Director shall 
inform the grievant and Division management in 
writing. Questions concerning whether the griev- 
ance can proceed to Step 3_, or is timely filed, will 
be decided by the Department Personnel Director. 
The Departmental Personnel Director's decision on 
whether a grievance is appealable, and timely 
filed, shall be final except when the employee has 
a right of appeal to the State Personnel Commis- 
sion under state law. The Departmental Personnel 
Director shall determine whether the grievance 
will be reviewed through a Step 3 Grievance 
Committee hearing or through a non-hearing 
review of relevant documents and inform the 
parties accordingly. In a non-hearing review, the 



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2372 



PROPOSED RULES 



Departmental Personnel Director will assign the 
grievance to a Personnel Section staff member. 
Within 30 calendar days, following the deadline 
for receipt of supplemental information, the 
assigned staff member shall submit a memorandum 
report to the Attorney General. Upon receipt of 
the above-referenced report, the Attorney 
General's review and decision shall be iji accor- 
dance with the provisions established for appeals 
assigned for hearing. In the hearing review 
process, the Departmental Personnel Director will 
assign the grievance to a Grievance Committee. 
The Committee Chair shall schedule the hearing to 
commence within a reasonable time after receipt of 
the appeal notice. The Committee Chair shall send 
a formal notice of hearing to the parties 15 days 
prior to the hearing date. Before the scheduled 
hearing, the Committee Chair shall confer with the 
parties to determine their interest in attempting a 
resolution of the issues without going to hearing. 
The parties' participation jn such discussion js 
voluntary. Offers of settlement made by manage- 
ment representatives must be authorized by Divi- 
sion management and be consistent with State and 
Departmental policies and procedures. All settle- 
ments of Step 3 grievances, arrived at with or 
without the participation of the Committee Chair, 
shall be reported to fhe Committee Chair for 
certification and approval by the Attorney General. 
Any settlement approved by the Attorney General 
shall serve as the final disposition of the matter 
and operates as a waiver of further appeal rights. 
Within 30 calendar days from the conclusion of the 
hearing, the Committee Chair will submit a written 
report to the Attorney General containing findings 
of fact and the Grievance Committee's conclu- 
sions, plus a recommended course of action. If 



the right to the pre dismissal conference has been 
made available but not utilized. Step I and Step II 
will be deemed to be waived. Within any step of 
the grievance procedure in this Rule a joint re- 
quest, in writing, from the grievant and the super- 
visor, involved at the current step of the internal 
process, for mediation may be sent to the Office of 



additional time is needed to complete the report, 
the parties shall be notified. The Attorney General 
or his designated agent shall review the Grievance 
Committee's report and recommendations. The 
Attorney General may adopt the Grievance 
Committee's recommendation jn whole or in part. 
or may choose any other course of action that he 
deems appropriate. The Attorney General's 
decision shall constitute the final Department 
decision. It shall be in writing and mailed via 
certified mail, return receipt requested, to the 
grievant at his address of record within 30 calen- 
dar days from the date the Grievance Committee's 
report is received in the Attorney General's office. 
If more time js needed by the Attorney General, 
the parties involved shall be notified. 

(d) MEDIATION. In the event of termination 
when there ha s been a pre dismissal conference, or 



State Personnel; Employee Relations Division; 
Administration Building; 1 16 W. Jones Street; 
Raleigh, N.C. 27603-8003. The joint request for 
mediation will suspend the time framework of the 
Department's grievance procedure for no more 
than 15 working days. Beyond this time, both 
parties must agree, jn writing, to further delay. Jf 
the mediation process resolves the grievance, the 
mediator will draft a document setting out the 
terms and conditions of the resolution. This 
document will be signed by the grievant and a 
representative of the Department. If the mediation 
effort reaches an impasse, or if the mediator 
determines that mediation js not viable, he will 
notify the Departmental Personnel Director. The 
grievance will resume at the same step jn the 
process jt occupied before the mediation effort 
reached an impasse. 

Statutory Authority G.S. 114-1; 114-1.1; 114-2B; 
U4-4: 114-4.2; 114-4.2A; 114-4.2B; 114-4.2C; 
11 4-4. 2D; 126-5; 126-12; 126-16; 126-34; 126-37. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

fSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as 15 A NCAC 10B .0113; WD .0003; 1 OF .0305, 
.0333; 10H .0101. 

I he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on April 11, 1994 at the Archdale Building, 
3rd Floor Conference Room, 512 N. Salisbury 
Street. Raleigh, NC 27604-1 188. 

Keason for Proposed Action: 
15A NCAC 10B .0113 - To clarify and implement 
the registration and reporting requirement for 
bear, deer, wild boar and wild turkey. 



2373 



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PROPOSED RULES 



15A NCAC 10D .0003 - To allow deer hunting on 

Cherry Farm Game Land, Wayne County. 

15A NCAC 10F .0305 - To enlarge no-wake zone 

on Lockwood Folly River. 

15 A NCAC 10F .0333 - To establish a no-wake 

zone at Buster Boyd Bridge on Lake Wylie. 

15 A NCAC 10H .0101 - To clarify the definition 

of those species that may be taken on Controlled 

Hunting Preserves for Domestically Raised Game 

Birds. 

(comment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
March 15, 1994 to April 14, 1994. Such written 
comments must be delivered or mailed to the N. C 
Wildlife Resources Commission, 512 N. Salisbury 
Street, Raleigh, NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL 
REGULATIONS 

.0113 BIG GAME KILL REPORTS 

The carcass of each bear, wild turkey, deer and 
wild boar shall be tagged at the site of the kill with 
the appropriate big game tag which has been 
validated by cutting out the month and day of the 
kill. All harvested big gam e animalo bear, deer, 
and wild boar must be registered at a wildlife 
cooperator agent or reported through the toll free 
Big Game Telephone Reporting System, before 
they are skinned or dressed or dismembered for 
consumption except in those cases where the kill 
occurs in a remote area which prevents the animal 
from being transported as an entire carcass. In 
these cases, the carcass may be tagged, skinned, 
quartered, and transported to the wildlife coopera- 
tor agent for reporting or reported within 24 hours 
through the Big Game Telephone Reporting Sys- 
tem. A wildlife cooperator agent located within 
the immediate area of open season will supply a 
big game kill report card in duplicate or an autho- 
rization number may be obtained through the Big 
Game Telephone Reporting System. The report 
card must be completed to show the information 
called for thereon. All wild turkey must be regis- 
tered through the toll free Big Game Telephone 



Reporting System, before they are skinned or 
dressed or dismembered for consumption. The tag 
shall be affixed to the carcass at a location and in 
such manner as to be visible upon inspection from 
the outside, and it is unlawful to affix the tag at 
any location or in any manner so as to conceal it 
from visibility upon ordinary inspection. It is 
unlawful to remove the tag from the carcass prior 
to the kill being properly reported either through 
completion of the report card or through the Big 
Game Telephone Reporting System or at any time 
thereafter until the carcass is finally skinned or 
dressed for consumption. The authorization 
number given through the Big Game Telephone 
Reporting System or the duplicate copy of the big 
game kill report card must be retained by the 
hunter and shall thereafter constitute his permit to 
continue in possession of the carcass. Otherwise, 
the continued possession of the bear, wild turkey, 
deer or wild boar shall be unlawful. 
Persons who are by law exempt from the big 
game hunting license are not required to tag the 
carcass but shall report each kill as above re- 
quired, and, in lieu of the tag, the word "exempt" 
together with the reason therefor (parent's license, 
landowner, agricultural lessee) shall be written on 
the original of the big game kill report card. 

Any big game tag which has been detached from 
the tag card issued with the big game license prior 
to the killing and tagging of the big game animal 
shall be seized by a wildlife enforcement officer. 

Statutory Authority G.S. 113-134; 113-270.3; 
113-276.1. 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while 
hunting on any designated game land shall be 
under the influence of alcohol or any narcotic 
drug, or fail to comply with special restrictions 
regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park 
a vehicle on game lands in such a manner as to 
block traffic, gates or otherwise prevent vehicles 
from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to 
occupy, for the purpose of hunting, any tree stand 
or platform attached by nails, screws, bolts or wire 
to a tree on any game land designated herein. 
This prohibition shall not apply to lag-screw steps 
or portable stands that are removed after use with 



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March 15, 1994 



2374 



PROPOSED RULES 



no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where 
closed to hunting or limited to specific dates by 
these regulations, hunting on game lands is permit- 
ted during the open season for the game or fur- 
bearing species being hunted. On managed water- 
fowl impoundments, hunters shall not enter the 
posted impoundment areas earlier than 4:00 a.m. 
on the permitted hunting dates, and hunting is 
prohibited after 1:00 p.m. on such hunting dates; 
decoys may not be set out prior to 4:00 a.m. and 
must be removed by 3:00 p.m. each day. No 
person shall operate any vessel or vehicle powered 
by an internal combustion engine on a managed 
waterfowl impoundment. 

No person shall attempt to obscure the sex or age 
of any bird or animal taken by severing the head 
or any other part thereof, or possess any bird or 
animal which has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the commis- 
sion or its agent. No person shall take or attempt 
to take any game birds or game animals attracted 
to such foods. 

No live wild animals or wild birds shall be 
removed from any game land. 

(e) Hunting Dates: 

( 1 ) Doves may be taken on the following 
game lands and dove hunting is limited 
to Mondays, Wednesdays, Saturdays 
and to Thanksgiving, Christmas and 
New Year's Days within the federally- 
announced season: 

Buncombe County— Browntown Farms 

Game Land 

Guilford County— Guilford County 

Farm Game Land 

Lenoir County— Caswell Farm Game 

Land 

Wayne — County — Cherry — Farm — Game 

Land 

(2) Any game may be taken during the 
open seasons on the following game 
lands and hunting is limited to Mon- 
days, Wednesdays, Saturdays and 
Thanksgiving, Christmas and New 
Year's Days. In addition, deer may be 
taken with bow and arrow on the open- 
ing day of the bow and arrow season 
for deer. Raccoon and opossum hunt- 
ing may continue until 7:00 a.m. on 
Tuesdays, until 7:00 a.m. on Thurs- 
days, and until midnight on Saturdays. 
Additional restrictions apply as indicat- 



ed in parentheses following specific 
designations: 

Ashe County— Carson Woods Game 
Land 

Bladen County— Bladen Lakes State 
Forest Game Lands (Handguns may not 
be carried and, except for 
muzzle-loaders, rifles larger than .22 
caliber rimfire may not be used or 
possessed. On the Breece Tract and the 
Singletary Tract deer and bear may be 
taken only by still hunting. Deer of 
either sex may be taken on the first 
Wednesday after Thanksgiving and on 
the second Saturday after Thanksgiving. 
Wild turkey hunting is by permit only.) 
Caswell County— Caswell Game Land 
Catawba and Iredell Counties— Catawba 
Game Land (No deer may be taken 
from the tract known as Island Point 
and deer may be taken with bow and 
arrow only from the tract known as 
Molly's backbone.) 

Lenoir County— H.M. Bizzell, Sr. , 
Game Land 

Onslow County— White Oak River 
Impoundment Game Land (In addition 
to the dates above indicated, waterfowl 
may be taken on the opening and clos- 
ing days of the applicable waterfowl 
seasons.) 

Pender County— Holly Shelter Game 
Land (In addition to the dates above 
indicated, waterfowl may be taken on 
the opening and closing days of the 
applicable waterfowl seasons. Deer of 
either sex may be taken on Mondays, 
Wednesdays, and Saturdays from the 
first Wednesday after Thanksgiving 
through the third Saturday after 
Thanksgiving.) 

Richmond, Scotland and Moore 
Counties— Sandhills Game Land (The 
regular gun season for deer consists of 
the open hunting dates from the second 
Monday before Thanksgiving to the 
third Saturday after Thanksgiving ex- 
cept on the field trial grounds where the 
gun season is from the second Monday 
before Thanksgiving to the Saturday 
following Thanksgiving. Deer may be 
taken with bow and arrow on all open 
hunting dates during the bow and arrow 
season, as well as during the regular 
gun season. Deer may be taken with 



2375 



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PROPOSED RULES 



) 



muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgiving week, and 
during the regular gun season. Except 
for the deer seasons above indicated 
and the managed either-sex permit 
hunts, the field trial grounds are closed 
to all hunting during the period October 
22 to March 31. In addition to the 
regular hunting days, waterfowl may be 
taken on the opening and closing days 
of the applicable waterfowl seasons.) 
Wild turkey hunting is by permit only. 
Robeson County— Robeson Game Land 
Robeson County— Bullard and Branch 
Hunting Preserve Game Land 
Sampson County— Sampson Game 
Lands 

Stokes County— Sauratown Plantation 
Game Land 

Wayne County— Cherry Farm Game 
Land. (The use of centerfire rifles and 
handguns is prohibited.) 
Yadkin County— Huntsville Community 
Farms Game Land 
(3) Any game may be taken on the follow- 
ing game lands during the open season, 
except that: 

(A) Bears may not be taken on lands 
designated and posted as bear sanctu- 
aries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, 
and wild boar may be hunted only 
during the bow and arrow seasons, 
the muzzle-loading deer season and 
the regular gun season on male deer 
on bear sanctuaries located in and 
west of the counties of Madison, 
Buncombe, Henderson and Polk; 

(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham, Guilford, Randolph, 
Montgomery and Anson, the follow- 
ing rules apply to the use of dogs 
during the regular season for hunting 
deer with guns: 

(i) Except for the counties of Chero- 
kee, Clay, Jackson, Macon, Mad- 
ison, Polk, and Swain, game birds 
may be hunted with dogs. 

(ii) In the counties of Cherokee, Clay, 
Jackson, Macon, Madison, Polk, 
and Swain, small game in season 
may be hunted with dogs on all 



game lands except on bear sanctu- 
aries. 

(D) On Croatan, Jordan, and Shearon 
Harris Game Lands, and posted wa- 
terfowl impoundments on Goose 
Creek Game Lands, waterfowl may 
be taken only on Mondays, Wednes- 
days, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and 
on the opening and closing days of 
the applicable waterfowl seasons. 
After November 1 , on the Pamlico 
Point, Campbell Creek, and Spring 
Creek impoundments, located on the 
Goose Creek Game Lands, a special 
permit is required for hunting on 
opening and closing days of the duck 
seasons, Saturdays of the duck sea- 
sons, and on Thanksgiving and New 
Year's day; 

(E) On the posted waterfowl impound- 
ments of Gull Rock Game Land hunt- 
ing of any species of wildlife is limit- 
ed to Mondays, Wednesdays, Satur- 
days; Thanksgiving, Christmas, and 
New Year's Days; and the opening 
and closing days of the applicable 
waterfowl seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be 
trained or allowed to run unleashed 
between March 1 and October 1 1 ; 

(G) On Anson, New Lake, Pungo River, 
and Gull Rock Game Lands deer of 
either sex may be taken from the first 
Wednesday after Thanksgiving 
through the third Saturday after 
Thanksgiving. 

(H) On Butner-Falls of Neuse and Person 
Game Lands waterfowl may be taken 
only on Tuesdays, Thursdays and 
Saturdays, Christmas and New Year's 
Days, and on the opening and closing 
days of the applicable waterfowl 
seasons; 

(I) On Angola Bay, Butner-Falls of 
Neuse, Croatan, Goose Creek, and 
Hofmann Forest Game Lands deer of 
either sex may be taken from the first 
Wednesday after Thanksgiving 
through the following Saturday; 

(J) Horseback riding is allowed on the 
Caswell and Thurmond Chatham 
game lands only during June, July, 



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2376 



PROPOSED RULES 



and August and on Sundays during 
the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on 
roads opened to vehicular traffic. 
Participants must obtain a game lands 
license prior to engaging in such 
activity; 

(K) On the posted waterfowl impound- 
ments on the Jordan and Butner-Falls 
of Neuse game lands a special permit 
is required for all waterfowl hunting. 

(L) Additional restrictions or modifica- 
tions apply as indicated in parentheses 
following specific designations: 
Alexander and Caldwell 
Counties--Brushy Mountains Game 
Lands 

Anson County--Anson Game Land 
Anson, Montgomery, Richmond and 
Stanly Counties— Pee Dee River Game 
Lands 

Ashe County— Elk Ridge Game Lands 
Ashe County— Cherokee Game Lands 
Ashe and Watauga Counties— Elk 
Knob Game Land 

Avery, Buncombe, Burke, Caldwell, 
Haywood. Henderson, Jackson, Madi- 
son, McDowell, Mitchell, 
Transylvania, Watauga and Yancey 
Counties — Pisgah Game Lands 
(Harmon Den and Sherwood Bear 
Sanctuaries in Haywood County are 
closed to hunting raccoon, opossum 
and wildcat. Training raccoon and 
opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison County north of the French 
Broad River, south of US 25-70 and 
west of SR 1319.) 

Bertie and Washington 
Counties— Bachelor Bay Game Lands 
Beaufort and Pamlico 
Counties— Goose Creek Game Land 
Brunswick County— Green Swamp 
Game Land 

Burke and Cleveland Counties— South 
Mountains Game Lands 
Caldwell, Watauga and Wilkes 
Counties— Yadkin Game Land 
Carteret, Craven and Jones 
Counties— Croatan Game Lands 
Chatham County— Chatham Game 
Land 
Chatham, Durham, Orange, and 



Wake Counties— Jordan Game Lands 
(On areas posted as "archery zones" 
hunting is limited to bow and arrow. 
Horseback riding , including all equine 
s pec i e s , is prohibited allowed only 
during March, June, July, and August 
and on Sundays during the remainder 
of the year .) 

Chatham and Wake Counties— Shearon 
Harris Game Land 

Cherokee, Clay, Graham, Jackson, 
Macon, Swain and Transylvania 
Counties—Nantahala Game Lands. 
Raccoon and opossum may be hunted 
only from sunset Friday until sunrise 
on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuary in Clay County 
and in that part of Cherokee County 
north of US 64 and NC 294. east of 
Persimmon Creek and Hiwassee 
Lake, south of Hiwassee Lake and 
west of Nottely River; in the same 
part of Cherokee County dog training 
is prohibited from March 1 to Octo- 
ber 11. It is unlawful to train dogs or 
allow dogs to run unleased on any 
game land in Graham County between 
March 1 and October 1 1 . 
Chowan County— Chowan Game Land 
Cleveland County— Gardner-Webb 
Game Land 

Craven County— Neuse River Game 
Land 

Currituck County— North River Game 
Land 

Currituck County— Northwest River 
Marsh Game Land 

Dare County— Dare Game Land (No 
hunting on posted parts of bombing 
range.) 

Davidson. Davie. Montgomery. 
Rowan and Stanly Counties— Alcoa 
Game Land 

Davidson County— Linwood Game 
Land 

Davidson, Montgomery and Randolph 
Counties— Uwharrie Game Land 
Duplin and Pender Counties— Angola 
Bay Game Land 

Durham. Granville and Wake 
Counties— Butner-Falls of Neuse 
Game Land (On that part marked as 
the Penny Bend Rabbit Research Area 
no hunting is permitted. Horseback 



2377 



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March 15, 1994 



PROPOSED RULES 



(4) 



riding , including all equine s pecie s , is 
prohibited allowed only during 
March, June, July, and August and on 
Sundays during the remainder of the 
year .) 

Gates County— Chowan Swamp Game 
Land 

Henderson, Polk and Rutherford 
Counties--Green River Game Lands 
Hyde County--Gull Rock Game Land 
Hyde County— Pungo River Game 
Land 

Hyde and Tyrrell Counties— New 
Lake Game Land 

Jones and Onslow Counties— Hofmann 
Forest Game Land 
Lee County— Lee Game Land 
McDowell and Rutherford 
Counties— Dysartsville Game Lands 
Moore County— Moore Game Land 
New Hanover County— Sutton Lake 
Game Land 

Person County— Person Game Land 
Transylvania County— Toxaway Game 
Land 

Tyrrell and Washington 
Counties— Lantern Acres Game Land 
Vance County-- Vance Game Land. 
(The use of dogs, centerfire rifles and 
handguns for hunting deer is prohibit- 
ed on the Nutbush Peninsula tract of 
Vance Game Lands.) 
Wilkes County—Thurmond Chatham 
Game Land 
Deer of either sex may be taken on the 
hunt dates indicated by holders of per- 
mits to participate in managed hunts 
scheduled and conducted in accordance 
with this Subparagraph on the game 
lands or portions of game lands includ- 
ed in the following schedule: 
Friday and Saturday of the first week 
after Thanksgiving Week: 

Uwharrie and Alcoa southeast of 
NC 49 
Thursday and Friday of the week be- 
fore Thanksgiving Week: 
Sandhills east of US 1 
Sandhills west of US 1 
Application forms for permits to partici- 
pate in managed deer hunts on game 
lands, together with pertinent informa- 
tion and instructions, may be obtained 
from hunting and fishing license agents 
and from the Wildlife Resources Com- 



mission. Completed applications must 
be received by the Commission not 
later than the first day of September 
next preceding the dates of hunt. Per- 
mits are issued by random computer 
selection, are mailed to the permittees 
prior to the hunt, and are nontransfer- 
able. A hunter making a kill must tag 
the deer and report the kill to a wildlife 
cooperator agent. 
(5) The following game lands and Federal 
Wildlife Refuge are closed to all hunt- 
ing except to those individuals who 
have obtained a valid and current per- 
mit from the Wildlife Resources Com- 
mission: 

Bertie, Halifax and Martin 
Counties— Roanoke River Wetlands; 
Bertie County—Roanoke River National 
Wildlife Refuge. 

Dare County— Dare Game Lands (Those 
parts of bombing range posted against 
hunting) 

Davie— Hunting Creek Swamp Water- 
fowl Refuge 

Gaston, Lincoln and Mecklenburg 
Counties— Cowan's Ford Waterfowl 
Refuge (except for youth either-sex 
deer hunts by permit only on the first 
and second Saturdays in October). 

Statutory Authority G.S. 113-134; 113-264; 
113-291.2; 113-291.5; 113-305. 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0305 BRUNSWICK COUNTY 

(a) Regulated Areas. This Rule applies to the 
waters and portions of waters described as follows: 
(1) Lockwoods Folly River. Aft — afea 
bounded on the north by the north bank 
of Lockwoods Folly River, on the s outh 
by Mud Flats in the Lockwoods Folly 
River and extending 300 feet north and 
300 feet south of Varnums Landing at 
Genoc s Point. An area on that portion 
of the Lockwood Folly River beginning 
1500 feet north of the boat ramp at the 
need of State Road 1 123 and extending 
downstream to a point 800 feet south of 
said boat ramp and the portion of Mill 



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March 15, 1994 



2378 



PROPOSED RULES 



Creek beginning at its intersection with 
the Lockwood Folly River and extend- 
ing upstream for 100 feet. 

(2) Calabash River. An area located on the 
Calabash River beginning 100 feet west 
of the Billy Cox Landing and extending 
100 feet east of Captain Harry's Land- 
ing. 

(3) State Port Authority Small Boat Har- 
bor. Beginning at the Intracoastal 
Waterway on the easterly side of the 
North Carolina State Port Authority 
Small Boat Harbor; thence runs along 
and with the easterly boundary of the 
said boat harbor basin and along the 
northerly boundary and westerly bound- 
ary thereof to a point at the intersection 
of the westerly boundary of said boat 
harbor with the highwater mark of the 
Intracoastal Waterway; runs thence in 
an easterly direction with the highwater 
mark of the Intracoastal Waterway to 
the place and point of beginning, and 
being the entire small boat harbor in 
Southport. 

(4) Shallotte River. The portion of the 
Shallotte River beginning at its intersec- 
tion with the Intracoastal Waterway and 
extending from the northern boundary 
of the Intracoastal Waterway for a 
distance of 500 feet to the north, to be 
marked by appropriate markers. 

(5) Big Davis Creek. That part of Big 
Davis Creek within 100 yards of 
Sportsman Inn at Blue Water Point 
Marina near Long Beach. 

(6) Town of Ocean Isle Beach. Those 
waters in the canals, both natural and 
concrete, which are located on the 
south side of the Intracoastal Waterway 
in the Town of Ocean Isle Beach. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake speed 
within any of the regulated areas described in 
Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Brunswick County 
is de s ignated a s uitable agency for placement and 
maintenance — of the — marker s — implementing — th4s 
Rule, s ubject to the approval of the United State s 
Coast Guard and the United States Army Corps of 
Engineer s . Subject to the approval of the United 
States Coast Guard and the United States Army 
Corps of Engineers, the following agencies are 
designated suitable agencies for the placement and 



maintenance of markers implementing this Rule: 

( 1) The Board of Aldermen of Varnamtown 
as to areas indicated in Paragraph (a). 
Subparagraph (1 ) of this Rule. 

(2) The Board of Commissioners of Bruns- 
wick County as to areas indicated in 
Paragraph (a). Subparagraphs (2) - (6) 
of this Rule. 

Statutory Authority G. S. 75A-3; 75A-15. 

.0333 MECKLENBURG AND GASTON 
COUNTIES 

(a) Regulated Areas. This Rule applies only on 
that portion of the waters of Lake Wylie which lies 
within the boundaries of Mecklenburg and Gaston 
Counties and to the restricted zones indicated by 
Paragraphs (b), (c), (d), (e), (f), (g) and (h) of this 
Rule on such waters. 

(b) Speed Limit Near Ramps. No person shall 
operate a vessel at greater than no-wake speed 
within 50 yards of any public boat-launching ramp 
in Mecklenburg County. 

(c) Speed Limit Near Piers. No person shall 
operate a vessel at greater than no-wake speed 
limit within 50 yards of any pier operated by 
Mecklenburg County for public use. 

(d) Speed Limit at McDowell Park. No person 
shall operate a vessel at greater than no-wake 
speed on the waters of the coves adjoining 
McDowell Park and the Southwest Nature Pre- 
serve in Mecklenburg County, including the 
entrances to the coves on either side of Copper- 
head Island. 

(e) Speed Limit at Gaston County Wildlife Club 
Cove. No person shall operate a vessel at greater 
than no-wake speed on the waters of the cove at 
the Gaston County Wildlife Club on South Point 
Peninsula in Gaston County. 

(f) Speed Limit in Mooring Areas. No person 
shall operate a vessel at greater than no-wake 
speed while within a marked mooring area estab- 
lished in Mecklenburg County with the approval of 
the Executive Director, or his representative. 

(g) Restricted Swimming Areas. No person 
operating a vessel shall permit it to enter any 
marked swimming area established in Mecklenburg 
County with the approval of the Executive Direc- 
tor, or his representative. 

(h) Speed Limit Near Boating Facilities. No 
person shall operate a vessel at greater than 
no-wake speed within 50 yards of any boat launch- 
ing ramp, dock, pier, marina, boat storage struc- 
ture or boat service area on that part of Lake 
Wylie, including the South Fork River arm, which 



2379 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



is located in Gaston County. 

(i) No person shall operate a vessel at greater 
than no-wake speed within the area 250 feet to the 
north and 150 feet to the south of the Buster Boyd 
Bridge on Lake Wylie. 

(j) <4) Placement and Maintenance of Markers. 
The Boards of Commissioners of Mecklenburg 
County and Gaston County are designated suitable 
agencies for placement and maintenance of mark- 
ers implementing this Rule, subject to the approval 
of the United States Coast Guard and the United 
States Army Corps of Engineers. With regard to 
marking the restricted zones indicated in this Rule, 
all of the supplementary standards listed in Rule 
.0301(g) of this Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-15. 

SUBCHAPTER 10H - REGULATED 
ACTIVITIES 

SECTION .0100 - CONTROLLED HUNTING 

PRESERVES FOR DOMESTICALLY 

RAISED GAME BIRDS 

.0101 LICENSE TO OPERATE 

A controlled hunting preserve license shall entitle 
the holder or holders thereof, and their guests, to 
kill or take, during an extended season, starting 
October 1 and ending March 3 1 , on such preserves 
by shooting only, and without regard to sex or bag 
limits, domestically-raised pheasants, chukar 
partridges, Hungarian partridges. Mallard ducks 
(as defined by the United States Fish and Wildlife 
Service) or other domestically raised game birds, 
except wild turkey. Application for controlled 
hunting preserve licenses shall be made on stan- 
dard forms obtainable from the commission. 
Applicants must be prepared to show satisfactory 
proof of ownership of the land contained in the 
proposed hunting preserve or that they have this 
land under proper lease for the duration of the 
license period. 

Statutory Authority G.S. 113-134; 113-273. 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited as 
15 A NCAC 1 OH .0813. 



1 he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on March 30, 1994 at the Archdale Building, 
3rd Floor Conference Room, 512 N. Salisbury 
Street, Raleigh, NC 27604-1188. 

MXeason for Proposed Action: To eliminate 
prohibition against selling captive-bred raptors. 

isonvnent Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
March 15, 1994 to April 14, 1994. Such written 
comments must be delivered or mailed to the N. C. 
Wildlife Resources Commission, 512 N. Salisbury 
Street, Raleigh, NC 27604-1188. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10H - REGULATED 
ACTIVITIES 

SECTION .0800 - FALCONRY 

.0813 RAPTOR PROPAGATION PERMIT 

(a) Raptor propagation permits shall be obtained 
from the Commission and from the U.S. Fish and 
Wildlife Service prior to the captive breeding of 
any raptor. 

(b) Permit requirements, application procedures, 
issuance criteria, and additional permit conditions 
for issuance of federal raptor propagation permits 
are set forth in 50 C.F.R. 21.30 which is hereby 
incorporated by reference and shall include any 
subsequent amendments. 

( 1 ) The state permit shall run concurrently 
with the federal permit and will expire 
on the same date as the federal permit. 
The state permit may be revoked or 
renewal may be denied for violation of 
the provisions of 50 C.F.R. 21 .30. 

(2) A copy of all applications and other 
records required under 50 C.FR. 21.30 
must be submitted to the Commission 
and to the U.S. Fish and Wildlife Ser- 
vice. 

(c) Protected species of raptors listed as species 
of special concern in 15A NCAC 101 .0005, when 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2380 



PROPOSED RULES 



lawfully acquired, may be propagated. 

(d) Sale of captive bred raptors and raptors 
taken from the wild is prohibited. 

Authority G.S. 113-134: 1 13-270. 3(b)(5): 50 
C.ER. 21.29. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A 
NCAC 18A .2601 and .2610. 

1 he proposed effective date of this action is July 
1, 1994. 

1 he public hearing will be conducted at 1:30 
p.m. on April 7, 1994 at the Ground Floor Hear- 
ing Room, Archdale Building, 512 N, Salisbury 
Street, Raleigh, NC. 

Ixeason for Proposed Action: 

15A NCAC 18A .2601 - To define "commissary", 

a word added at the request of industry, in the 

recent amendments to the pushcart rules. 

15A NCAC 18A .2610 - To allow be\'erages, their 

ice, and garnishes to be displayed without sneeze 

guards. This is being added at the request of the 

Food Service Advisory Committee. 

(comment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine. Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 14, 1994. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Cotmnents made at the Commission meeting must 
either clarify prexious comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 



IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE PUB- 
LIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 
WITH G.S. I50B-21.2(f). 

CHAPTER 18 - ENVIRONMENTAL 
HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2600 - SANITATION OF 

RESTAURANTS AND OTHER 

FOODHANDLING ESTABLISHMENTS 

.2601 DEFINITIONS 

The following definitions shall apply in the 
interpretation and enforcement of this Section: 

(1) "Approved" means determined by the 
Department to be in compliance with this 
Section. Food service equipment which 
meets National Sanitation Foundation 
standards or equal shall be considered as 
approved. The National Sanitation Foun- 
dation Commercial Food Service Equip- 
ment Standards are hereby incorporated 
by reference including any subsequent 
amendments and editions. This material 
is available for inspection at the Depart- 
ment of Environment, Health, and Natu- 
ral Resources, Division of Environmental 
Health, 1330 St. Mary's Street, Raleigh, 
North Carolina. Copies may be obtained 
from NSF International, P.O. Box 13014, 
Ann Arbor, Michigan 48113-0140, at a 
cost of three hundred and twenty five 
dollars ($325.00). Food which complies 
with requirements of the North Carolina 
Department of Agriculture or United 
States Department of Agriculture and the 
requirements of this Section shall be 
considered as approved. 

(2) "Catered elderly nutrition site" means an 
establishment or operation where food is 
served, but not prepared on premises, 
operated under the guidelines of the N.C. 
Department of Human Resources, Divi- 



2381 



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March 15, 1994 



PROPOSED RULES 



sion of Aging. 

(3) "Commissary" means a food stand that 
services mobile food units and pushcarts. 

The commissary may or may not serve (14) 

customers at the food stand's location. 

(4) 0j "Department of Environment, Health, 
and Natural Resources" or "Department" 
means the North Carolina Department of 
Environment, Health, and Natural Re- 
sources. The term also means the autho- 
rized representative of the Department. 

(5) (44 "Drink stand" means those establish- 
ments in which only beverages are pre- 
pared on the premises and are served in 
multi-use containers, such as glasses or 

mugs. (15) 

(6) {$) "Eating and cooking utensils" means 

any kitchenware, tableware, glassware, (16) 

cutlery, utensils, containers, or other 
equipment with which food or drink 
comes in contact during storage, prepara- 
tion, or serving. 

(7) (6) "Employee" means any person who (17) 
handles food or drink during preparation 

or serving, or who comes in contact with 
any eating or cooking utensils, or who is 
employed at any time in a room in which 
food or drink is prepared or served. 

(8) f7-) "Food" means any raw, cooked, or 
processed edible substance, ice, bever- (18) 
age, or ingredient used or intended for 

use or for sale in whole or in part for 
human consumption. 

(9) {&) "Food stand" means those food ser- 
vice establishments which prepare or 
serve foods and which do not provide 
seating facilities for customers to use 
while eating or drinking. Establishments 
which only serve such items as dip ice 

cream, popcorn, candied apples, or cot- (19) 

ton candy are not included. 

(10) (9-) "Hermetically sealed container" 
means a container designed and intended 

to be secure against the entry of (20) 

micro-organisms and to maintain the 
commercial sterility of its contents after 
processing. 

(11) {49} "Local Health Director" means the 
administrative head of a local health (21) 
department or his authorized representa- 
tive. 

(12) {44-) "Mobile food unit" means a 
vehicle-mounted food service establish- 
ment designed to be readily moved. 

( 13) {42-} "Person" means any individual. 



firm, association, organization, partner- 
ship, business trust, corporation, or 
company. 

{44) "Potentially hazardous food" means 
any food or ingredient, natural or syn- 
thetic, in a form capable of supporting 
the growth of infectious or toxigenic 
microorganisms, including Clostridium 
botulinum. This term includes raw or 
heat treated foods of animal origin, raw 
seed sprouts, and treated foods of plant 
origin. The term does not include foods 
which have a pH level of 4.6 or below or 
a water activity (Aw) value of 0.85 or 
less. 

{444 "Private club" means a private club 
as defined in G.S. 130A-247(2). 
{4§4 "Pushcart" means a mobile piece of 
equipment or vehicle which serves hot 
dogs or foods which have been prepared, 
pre-portioned, and individually pre- 
wrapped at a restaurant or commissary. 
{464 "Responsible person" means the 
individual present in a food service estab- 
lishment who is the apparent supervisor 
of the food service establishment at the 
time of inspection. If no individual is the 
apparent supervisor, then any employee 
is the responsible person. 
{474 "Restaurant" means all establish- 
ments and operations where food is pre- 
pared or served at wholesale or retail for 
pay, or any other establishment or opera- 
tion where food is prepared or served 
that is subject to the provisions of G.S. 
130A-248. The term does not include 
establishments which only serve such 
items as dip ice cream, popcorn, candied 
apples, or cotton candy. 
{484 "Sanitarian" means a person autho- 
rized to represent the Department on the 
local or state level in making inspections 
pursuant to state laws and rules. 
{49) "Sanitize" means the approved bac- 
tericidal treatment by a process which 
meets the temperature and chemical 
concentration levels in 15 A NCAC 18A 
.2619. 

{30) "Sewage" means the liquid and solid 
human body waste and liquid waste 
generated by water-using fixtures and 
appliances, including those associated 
with foodhandling. The term does not 
include industrial process wastewater or 
sewage that is combined with industrial 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2382 



PROPOSED RULES 



process wastewater. 

(22) (3+) "Single service" means cups, con- 
tainers, lids, closures, plates, knives, 
forks, spoons, stirrers, paddles, straws, 
napkins, wrapping materials, toothpicks, 
and similar articles intended for one-time, 
one person use and then discarded. 

(23) {33) "Temporary food stand" means those 
food or drink stands which operate for a 
period of 15 days or less, in connection 
with a fair, carnival, circus, public exhi- 
bition, or other similar gathering. 

(24) {33-> "Temporary restaurant" means a 
restaurant, as defined in Item {Vh (18) 
of this Rule, that operates for a period of 
15 days or less, in connection with a fair, 
carnival, circus, public exhibition, or 
other similar gathering. 

Statutory Authority G.S. 130A-248. 

.2610 STORAGE: HANDLING: AND 
DISPLAY OF FOOD 

(a) All unwrapped or unenclosed food and drink 
on display shall be protected in such manner that 
the direct line from the customer's mouth to the 
food shall be intercepted by glass or similar shields 
and shall be otherwise protected from public 
handling or other contamination, except that 
approved hand openings may be permitted on 
counter fronts. A beverage station staffed with an 
employee who is serving on a continual basis, ]s 
not required to provide glass or similar shields for 
beverages, ice and garnishes. The employee shall 
remove contaminated beverages, ice or garnishes 
fro m the be\erage station. This requires standard 
counter protector installations for all cafeteria 
counters, salad bars, and similar type service to 
prevent contamination by customers' coughing and 
sneezing. 

(b) Customer self-service is permitted only 
under the following conditions: 

(1) Buffet-style Service. This style of 
service is not acceptable unless protec- 
tive shields, equivalent to cafeteria 
counter protectors, are provided to 
intercept contamination; however, 
protective shields are not required for 
buffet style service which is provided 
for a club, organization or private 
individual as a planned event and from 
which the public is excluded. When 
food is served in this manner, the fol- 
lowing requirements shall be met: 
(A) Potentially hazardous foods shall be 



replaced at least hourly; 

(B) Food containers shall be arranged 
conveniently so customers' clothing 
does not come in contact with food; 

(C) Long-handled serving spoons, tongs, 
or other utensils shall be provided and 
used; 

(D) At the conclusion of the event, food 
that has not been consumed, shall be 
discarded. 

(2) Customer Self-Service. When custom- 
ers are allowed to return to a self-ser- 
vice area, clean and sanitized tableware 
other than flatware, beverage cups and 
glasses, shall be made available for 
each return trip. Written notice shall 
be provided informing customers that 
clean tableware needs to be used for 
return trips. 

(3) Family-style Service. In establishments 
featuring this style of service, patrons 
elect to participate in the family 
dining-table type of service. Ordinary 
serving dishes and utensils are accept- 
able. 

(c) Foods, except raw vegetables which are to 
be cooked, shall be kept under cover when not in 
the process of preparation and serving. Meat and 
other potentially hazardous foods shall not be 
stored on the floor, or in direct contact with 
shelves and racks of cold storage boxes, or permit- 
ted to come in contact with dirty clothes, newspa- 
pers, pasteboard, previously-used paper, or other 
contaminated surfaces. If open dishes and pans 
containing food are stacked, food shall be protect- 
ed with wax paper or foil. Food transported to a 
restaurant shall not be accepted unless properly 
wrapped, covered, or otherwise protected. Food 
and drink shall not be served to the general public 
in the kitchen. In the case of "drive-in" restau- 
rants, all food shall be covered or wrapped before 
delivery to patrons' vehicles, to exclude vermin or 
insects, dust, and other contamination. 

(d) Containers for onions, slaw, mustard, and 
other condiments shall have covers and be kept 
covered when not in use. Sugar shall be dispensed 
with either pour-type dispensers or individual 
packages. Waiters and waitresses shall avoid 
unnecessary handling of food in the process of 
serving. 

(e) The establishment shall be kept free of flies, 
rodents, roaches, ants, and other vermin. Animals 
and fowl shall not be permitted in a restaurant, 
provided that seeing eye dogs accompanying blind 
persons and service dogs accompanying handi- 



2383 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



capped persons shall be exempted. All supplemen- 
tary means necessary for the elimination of flies, 
such as the installation of fly-repellant fans, and 
the routine use of approved insecticides shall be 
employed. 

(f) Dustless methods of floor cleaning shall be 
used and all except emergency floor cleaning shall 
be done during those periods when the least 
amount of food and drink is exposed, such as after 
closing, or between meals. 

Statutory Authority G.S. 130A-248. 

l\otice is hereby given in accordance with G.S. 
150B-21.2that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A 
NCAC 18A .2601 and .2635. 

1 he proposed effective date of this action is April 
1, 1995. 



either clarify previous conunents or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE PUB- 
LIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 
WITH G.S. 15OB-21.20. 

tLditor's Note: The new definition 15A NCAC 
18A .2601(3) for "Commissary" shown in bold is 
proposed to be effective July 1, 1994 and is also 
noticed in this issue of the Register. 



1 he public hearing will be conducted at 1:30 
p.m. on April 7, 1994 at the Ground Floor Hear- 
ing Room, Archdale Building, 512 N. Salisbury 
Street, Raleigh, NC. 

MXeason for Proposed Action: 
15A NCAC 18A .2601 - To add the definitions for 
limited food service establishment and transient to 
explain terms use in Rules . 2635 and . 2638. 
ISA NCAC 18A .2635 - To introduce special rules 
for establishments with limited menus. 

(comment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 14, 1994. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Conunission meeting must 



CHAPTER 18 - ENVIRONMENTAL 
HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2600 - SANITATION OF 

RESTAURANTS AND OTHER 

FOODHANDLING ESTABLISHMENTS 

.2601 DEFINITIONS 

The following definitions shall apply in the 
interpretation and enforcement of this Section: 

(1) "Approved" means determined by the 
Department to be in compliance with this 
Section. Food service equipment which 
meets National Sanitation Foundation 
standards or equal shall be considered as 
approved. The National Sanitation Foun- 
dation Commercial Food Service Equip- 
ment Standards are hereby incorporated 
by reference including any subsequent 
amendments and editions. This material 
is available for inspection at the Depart- 
ment of Environment, Health, and Natu- 
ral Resources, Division of Environmental 
Health, 1330 St. Mary's Street, Raleigh, 
North Carolina. Copies may be obtained 
from NSF International, RO. Box 13014, 
Ann Arbor, Michigan 48113-0140, at a 
cost of three hundred and twenty five 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2384 



PROPOSED RULES 



(2) 



(3) 



14] 



L2J 



£Q 



ill 



£8} 



(4, 



dollars ($325.00). Food which complies 
with requirements of the North Carolina 
Department of Agriculture or United 
States Department of Agriculture and the 
requirements of this Section shall be 
considered as approved. 
"Catered elderly nutrition site" means an 
establishment or operation where food is 
served, but not prepared on premises, 
operated under the guidelines of the N.C. 
Department of Human Resources, Divi- 
sion of Aging. 

"Commissary" means a food stand that 
services mobile food units and push- 
carts. The commissary may or may 
not serve customers at the food stand's 
location. 



{4) "Department of Environment, Health, 
and Natural Resources" or "Department" 
means the North Carolina Department of 
Environment. Health, and Natural Re- 
sources. The term also means the autho- 
rized representative of the Department. 
{4) "Drink stand" means those establish- 
ments in which only beverages are pre- 
pared on the premises and are served in 
multi-use containers, such as glasses or 
mugs. 

{#) "Eating and cooking utensils" means 
any kitchenware, tableware, glassware. 
cutlery, utensils, containers, or other 
equipment with which food or drink 
comes in contact during storage, prepara- 
tion, or serving. 

{6) "Employee" means any person who 
handles food or drink during preparation 
or serving, or who comes in contact with 
any eating or cooking utensils, or who is 
employed at any time in a room in which 
food or drink is prepared or served. 
f7) "Food" means any raw, cooked, or 
processed edible substance, ice, bever- 
age, or ingredient used or intended for 
use or for sale in whole or in part for 
human consumption. 
i%) "Food stand" means those food ser- 
vice establishments which prepare or 
serve foods and which do not provide 
seating facilities for customers to use 
while eating or drinking. Establishments 
which only serve such items as dip ice 
cream, popcorn, candied apples, or cot- 
ton candy are not included. 
f9) "Hermetically sealed container" 
means a container designed and intended 



to be secure against the entry of 
micro-organisms and to maintain the 
commercial sterility of its contents after 
processing. 

(11) "Limited food service establishment" 
means a food service establishment 
which: 

(a) operates for a total of 60 days or less 
per year, or 

(b) in the case of a transient limited food 
service establishment, operates no more 
than 15 consecutive days per location. 

(12) {40) "Local Health Director" means the 
administrative head of a local health 
department or his authorized representa- 
tive. 

( 13) <4-B "Mobile food unit" means a 
vehicle-mounted food service establish- 
ment designed to be readily moved. 

( 14) t4-2-> "Person" means any individual, 
firm, association, organization, partner- 
ship, business trust, corporation, or 
company. 

( 15) f}4) "Potentially hazardous food" means 
any food or ingredient, natural or syn- 
thetic, in a form capable of supporting 
the growth of infectious or toxigenic 
microorganisms, including Clostridium 
botulinum. This term includes raw or 
heat treated foods of animal origin, raw 
seed sprouts, and treated foods of plant 
origin. The term does not include foods 
which have a pH level of 4.6 or below or 
a water activity (Aw) value of 0.85 or 
less. 

(16) f44) "Private club" means a private club 
as defined in G.S. 130A-247(2). 

( 17) fl-S-> "Pushcart" means a mobile piece of 
equipment or vehicle which serves hot 
dogs or foods which have been prepared, 
pre-portioned, and individually pre- 
wrapped at a restaurant or commissary. 
f4-6) "Responsible person" means the 
individual present in a food service estab- 
lishment who is the apparent supervisor 
of the food service establishment at the 
time of inspection. If no individual is the 
apparent supervisor, then any employee 
is the responsible person. 

19) f-1^7-4 "Restaurant" means all establish- 
ments and operations where food is pre- 
pared or served at wholesale or retail for 
pay, or any other establishment or opera- 
tion where food is prepared or served 
that is subject to the provisions of G.S. 



2385 



8:24 



XORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



(20) 



(21) 



(22) 



(23) 



»■ 



(24) 



(25) 



130A-248. The term does not include 
establishments which only serve such 
items as dip ice cream, popcorn, candied 
apples, or cotton candy. 
{+&) "Sanitarian" means a person autho- 
rized to represent the Department on the 
local or state level in making inspections 
pursuant to state laws and rules. 
(44)) "Sanitize" means the approved bac- 
tericidal treatment by a process which 
meets the temperature and chemical 
concentration levels in 15A NCAC 18A 
.2619. 

{3(4) "Sewage" means the liquid and solid 
human body waste and liquid waste 
generated by water-using fixtures and 
appliances, including those associated 
with foodhandling. The term does not 
include industrial process wastewater or 
sewage that is combined with industrial 
process wastewater. 

{34-) "Single service" means cups, con- 
tainers, lids, closures, plates, knives, 
forks, spoons, stirrers, paddles, straws, 
napkins, wrapping materials, toothpicks, 
and similar articles intended for one-time, 
one person use and then discarded. 
"Temporary — feed — s tand" — means — those 
food or drink stands which operate for a 
period of 15 days or less, in connection 
with a fair, carnival, circu s , public cxhi 
bition, or other similar gathering. 
{3^) "Temporary restaurant" means a 
restaurant, as defined in Item {4-7) (19) of 
this Rule, that operates for a period of 15 
days or less, in connection with a fair, 
carnival, circus, public exhibition, or 
other similar gathering. 
"Transient" means a food service estab- 
lishment which moves from one location 
to another. 



Statutory Authority G.S. 130A-248. 

.2635 LIMITED FOOD SERVICE 
ESTABLISHMENTS 

The following requirements shall be satisfied in 
order for temporary food s tand s to qualify for a 
permit under .2602 of thi s Section: 

{4-) Temporary food stands shall be located in 

clean surroundings and kept in a clean 
and sanitary condition. — They shall be so 
constructed and arranged that food, uten 
sils, and equipment will not be exposed 
to in s ects, dust, and other contamination. 



{3)- 



m- 



{4)- 



{^ 



{£)- 



{7^ 



m- 



m- 



Protection again s t flics and other in s ects 
shall — be provided by screening or by 
effective U3c of fans. 

Where food or griddles arc exposed to 
the public or to dust or insects, they shall 
be protected by glass, or otherwi s e, on 
the front, top, and end s , and expo s ed 
only as much a s may be nece s sary to 
permit handling and serving of the food. 
All gridd l es, warmers, spatula s , rcfriger 
ntors, and other utensils and equipment 
shall be cleaned routinely and maintained 
in a sanitary manner. 
Running water under pre ss ure s hall be 

provided. The water supply shall be 

approved and of a s afe, sanitary quality. 
Provisions — s hall — be — mad e — fef — heating 
water for the — washing — of utensils — and 
equipment. — At least a single vat sink, 
large enough in which to wash cooking 
utensils, pots, and pans, mu s t be provid 
ed-. — At lea s t one drainboard or counter 
top s pace mu s t be provided. 

Facilities shall be provided fef 

employees' — handwashing. These — may 

consist of a pan, soap, and single u s e 
towel s . 

Convenient and approved toilet facilitie s 
shall be provided for use by employees. 
Public toilet facilities provided on the 
grounds — are — acceptable — if- — rea s onably 
convenient, — adequate, — and — kept — clean. 
Sewage shall be disposed of in an ap 
proved manner. 

Potentially — hazardou s — food s — s hall — be 
refrigerated — m — accordance — with — R»le 
.2609 of thi s Section. All food s hall be 
stored, handled, and displayed in nccor 
dance with Rule .2610(a) through (d) of 

this Section. Food service equipment 

shall be stored in accordance with Rule 
.2620 of thi s Section. 
Garbage and refu s e shall be collected and 
s tored — in — s tandard — water tight — garbage 
eetm — provided — w+th — tightfitting — lids — et 
other approved — containers — or methods. 
Garbage and refu s e s hall be removed at 
least daily and disposed of in a sanitary 
manner. — Wa s t e water s hall be s o di s 
po s ed of a s not to create a nui s ance. 
Each operator shall keep his immediate 
premises clean. 

All food s erved s hall be clean, whole 
3ome. and free from adulteration. — Poten 
tinlly hazardous food s s uch as 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2386 



PROPOSED RULES 



cream filled pa s tries and pics, and salads 
such as potato, ehieken. ham, crab, etc., 
shall not be served in a temporary food 
stand. Hamburgers shall — be obtained 



#© 



fH — an — approved — market or — plant — m 
pattie s separated by clean paper, or other 
wrapping material, and ready to cook- 
Wrapped sandwiche s s hall be obtained 
from an approved s ourc e . — Poultry s hall 
be prepared for cooking in an approved 
market or plant. — Drinks served shall be 
limited to packaged, canned, or bottled 
drinks, packaged milk, coffe e , or carbon 
ated beverage s from approved dispensing 
devices. 

ftO} Food prepared by local groups shall be 

prepared — m — an approved — kitchen, — ftftd 
s uch group s shall maintain a record of 
the tvpe and origin of s uch food s . — The s e 
foods shall be prepared, tran s ported, and 
stored — in a s anitary — manner protected 
from contamination and s poilage. 

{44-) No person who ha s a communicable or 

infectious disea s e that can be transmitted 
by food s , or who is a carrier of organ 
isms that cau s e such a disease, or who 
ha s a boil, infected wound, or an acute 
respiratory infection with cough and nasal 
di s charge, shall work in a food service 
establishment in any capacity in which 
there is a likelihood of s uch person con 
taminating food or food contact surfaces, 
with disease causing organisms or trans 
mitting the illnes s to other persons. 
Limited food service establishments shall comply 

with all the restaurant requirements of this Section. 

except that the following provisions shall apply in 

lieu of Rules .2607. .2610(f). .2617(d). .2618(d). 

.2624. .2626(d). .2627 through .2629. and 

.2630(a): 
( 1) The permit for a limited food service 
establishment shall be posted at a con- 
spicuous place where it can be readily 
seen by the public at all times. Permits 
for limited food service establishments 
shall expire on March 31 of each year. 
A new permit from the Department shall 
be obtained before the limited food ser- 
vice establishment shall be allowed to 
operate each year; however, transient 
food service establishments shall obtain a 
permit at each location prior to operating. 
Transitional permits shall not be issued. 
Limited food service establishments shall 
not be subject to grading. 



(2) The limited food service establishment 
shall submit to the local health depart- 
ment a proposal for review and approval 
which includes a menu, plans and specifi- 
cations for the proposed limited food 
service establishment, and location and 
dates of operation at least four weeks 
prior to construction or commencement 
of operations. 
Limited food service establishments shall 



ill 
141 

(51 

i6j 

ill 
18) 



and £91 



not prepare any potentially hazardous 
foods prior to ffie day of sale. 
Potentially hazardous foods which have 
been heated at the limited food service 
establishment and remain at the end of 
the day shall not be sold. 
Foods which have been heated at the 
limited food service establishment shall 
not be reheated or placed in refrigeration 
to be used another day. 
Salads containing potentially hazardous 
foods shall not be prepared by the limited 
food service establishment. 
All meats, poultry, and fish shall be 
purchased in a pre-portioned form. 
Domestic equipment which is in good 
repair and operating properly may be 
used. However, food brought into a 
limited food service establishment shall 



not have been prepared in a domestic 
kitchen. At least a two compartment 
utensil- washing sink with drainboards on 
each end or counter space on both sides 
of the sink shall be provided for air- 
drying of clean sanitized utensils. The 
sink shall be of sufficient size and depth 
to submerge, wash, rinse, and sanitize 
utensils. 



Any area where food is handled, pre- 
pared, cooked, or stored shall be provid- 
ed with a weatherproof roof. 
Floors, walls and ceilings of limited food 
service establishments which are located 
j_n permanent structures on the effective 
date of this Rule shall meet the require- 
ments in Rules .2627 and .2628 of this 
Section no later than July J_. 1996. 
Floors, walls, and ceilings of limited 
food service establishments which are 
located in permanent structures construct- 
ed after the effective date of this Rule 
shall comply with Rules .2727 and .2728 
of this Section. Limited food service 
establishments which are required by this 
Rule to have floors shall use dustless 



2387 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



methods of floor cleaning and all except 
emergency floor cleaning shall be done 
during those periods when the least 
amount of food and drink is exposed, 
such as after closing, or between meals. 
Transient limited food service establish- 
ments shall not be required to comply 
with Rules .2627 and .2628 of this Sec- 
tion. 

(11) The limited food service establishment 
shall be connected to necessary utilities 
such as electrical service at all times food 
js present in the establishment. 

(12) Convenient and approved toilet facilities 
shall be provided for use by employees. 
Public toilet facilities provided on the 
grounds are acceptable if kept clean. 
There is no requirement for limited food 
service establishments to provide toilet 
facilities for the public. 

(13) Durable, legible signs which read that 
employees must wash their hands before 
returning to work shall be posted or 
stenciled conspicuously at each 
employees' hand washing facility. 

(14) Garbage can liners shall be required for 
all garbage receptacles unless the site has 
approved can wash facilities. 

Statutory Authority- G. S. 130A-248. 

[\otice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to adopt rules cited as 15A NCAC 
18C .0409, .0710 - .0715, .1537 and amend 18C 
.0102, .0201 - .0203, .0301 - .0303, .0305, .0307 
- .0308, .0401 - .0405, .0407, .0501 -.0502, 
.0703, .0707 -.0708. .0802 - .0805, .1002, .1004, 
.1101 -.1102. .1104- .1105, .1107, .1201, .1203, 
. 1207, . 1209, .1211,. 1301 - . 1303, . 1406, . 1507- 
.1509, .1511 - .1512, .1516, .1519- .1521, and 
. 1533. 

1 he proposed effective date of this action is July 
1, 1994. 

1 he public hearing will be conducted at 1:30 
p.m. on April 7, 1994 at the Ground floor Hearing 
Room, Archdale Building, 512 N. Salisbury Street, 
Raleigh, NC. 



Reason for Proposed Action: 
15A NCAC 18C .0102 - to clarify the applicability 
of these Rules by adding new definitions. 
15A NCAC 18C .0201 - to allow non-transient, 
non-community water systems to use surface water 
supply without filtration subject to appropriate 
rules. 

15A NCAC 18C .0202 - to incorporate the ex- 
panded water supply watershed classification 
categories adopted by the Environmental Manage- 
ment Commission as applicable to treatment of 
surface water by all public water systems. 
15A NCAC 18C .0203 - to increase the protection 
of well water supplies and include non-transient, 
non-community wells. 

ISA NCAC 18C .0301; .0302; .0303; .0305; 
.0307; .0308 - to expand the applicability of the 
requirements for submitting plans, specifications, 
and reports to include non-transient, non-commu- 
nity water systems. 

15A NCAC 18C .0401 - to expand the applicabili- 
ty of the minimum design requirements for approv- 
al of plans and specifications to include non- 
transient, non-community water systems. 
15 A NCAC 18C .0402 - to increase the protection 
of well water supplies and clarify the yield and 
laboratory certification requirements. 
ISA NCAC 18C .0403 - to allow flexibility in the 
maximum daily draft of a water treatment plant 
from unimpounded streams and allow for existing 
impoundments to be approved as raw water sourc- 
es. 

ISA NCAC 18C .0404 - to increase the protection 
of water treatment facilities, to require separate 
chemical feeders for each chemical applied, and to 
allow provisions for proper recycling of treatment 
plant wastewater. 

ISA NCAC 18C .0405 - to modify the design 
criteria for hydropneumatic and elevated water 
storage tanks. 

15A NCAC 18C .0407 - to increase the protection 
of electrical systems. 

ISA NCAC 18C .0409 - to establish and clarify 
the limitations on service connections to public 
water supply systems with and without a local 
water supply plan. 

ISA NCAC 18C .0501 - to retitle the Section. 
ISA NCAC 18C .0502 - to expand the applicabili- 
ty of the supplemental design criteria to include 
non-transient, non-community water systems and to 
provide for the approval of alternate designs. 
15A NCAC 18C .0703 - to delineate the design 
requirements for flocculator paddles. 
ISA NCAC 18C .0707 - to provide more detailed 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2388 



PROPOSED RULES 



requirements for upflow clarifiers. 
15A NCAC 18C .0708 - to provide more detailed 
design requirements for gravity filters. 
15A NCAC 18C .0710 - to establish the require- 
ments for use of conventional treatment processes 
with reduced sedimentation detention times. 
15A NCAC 18C .0711 - to establish the require- 
ments for use of alternative filtration treatment 
technologies. 

15A NCAC 18C .0712 - to establish the require- 
ments for use of direct filtration. 
15A NCAC 18C .0713 - to establish the limita- 
tions and requirements for use of pressure filters. 
15A NCAC 18C .0714 - to establish the require- 
ments for pilot plant studies. 
15A NCAC 18C .0715 - to establish the standards 
for evaluation of water system design features not 
otherwise specifically addressed. 
15A NCAC 18C .0802 - to expand the requirement 
for water systems to use peak demand charts to 
include campgrounds and non-transient, non- 
community systems. 

15A NCAC 18C .0803 - to expand the pressure 
tank volume requirement to include campgrounds. 
15A NCAC 18C .0804 - to remove unnecessary 
reference. 

15A NCAC 18C .0805 - to expand the elevated 
storage capacity requirement to include community 
and non-transient, non-community water systems. 
15A NCAC 18C .1002 - to clarify the requirements 
for disinfection of wells. 

15A NCAC 18C .1004 - to provide for the disin- 
fection of filters using an alternative to chlorine. 
15A NCAC 18C .1101; .1102; .1104; .1105; 
.1107 - to expand the applicability of the rules 
protecting unfiltered water supplies to include all 
classifications of public water systems. 
15A NCAC 18C .1201 & .1203 - to expand the 
applicability of the rules protecting filtered water 
supplies to include all classifications of public 
water systems. 

15A NCAC 18C .1207 - to ease the restrictions on 
domestic animals in the margins of reservoirs. 
15A NCAC 18C .1209 - to incorporate the ex- 
panded water supply watershed classification 
categories adopted by the Environmental Manage- 
ment Conmiission as applicable to protection of 
reservoirs. 

15A NCAC 18C .1211 - to incorporate the ex- 
panded water supply watershed classification 
categories adopted by the Environmental Manage- 
ment Commission as applicable to ground absorp- 
tion sewage systems. 

15A NCAC 18C .1301 - to broaden the applicabil- 
ity of the requirements for the operator in charge 



from just community to all public surface water 
systems requiring disinfection only and to clarify 
information required on monthly reports. 
15 A NCAC 18C .1302 - to broaden the applicabil- 
ity of the requirements for the operator in charge 
from just community to all filtered public water 
systems, to incorporate the expanded water supply 
watershed classification categories adopted by the 
Environmental Management Commission, and to 
clarify information required on monthly reports. 
15A NCAC 18C .1303 - to broaden the applica- 
bility of the requirements for the operator in 
charge to include non-transient, non-convnunity 
well systems and to clarify information required on 
monthly reports. 

15 A NCAC 18C .1406 - to increase the fluoride 
reporting frequency from monthly to weekly. 
15A NCAC 18C .1507 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements of the lead 
and copper monitoring. 

15A NCAC 18C .1508 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements of the 
inorganic chemical monitoring, but requiring 
nitrate and nitrite sampling be conducted as 
required of transient non-community water sys- 
tems. 

15A NCAC 18C .1509 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements for moni- 
toring for sodium. 

ISA NCAC 18C .1511 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements to provide 
treatment for the control of iron concentration. 
15A NCAC 18C .1512 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements to provide 
treatment for the control of manganese concentra- 
tion. 

15A NCAC 18C .1516 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements for special 
monitoring for inorganic and organic chemicals. 
15A NCAC 18C .1519 - to incorporate by refer- 
ence the provisions of 40 CFR 141.26 pertaining 
to the monitoring frequency of Radioactivity and to 
require travel trailer parks, campgrounds, and 



2389 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



marina slips that do not serve 25 or more of the 
same persons more than 6 months per year to 
monitor radioactivity if the Secretary determines 
that the system is in an area subject to contamina- 
tion. 

15A NCAC 18C .1520 - to incorporate by refer- 
ence the provisions of 40 CFR 141 . 15 pertaining 
to the maximum contaminant levels for Radium. 
15A NCAC 18C .1521 - to incorporate by refer- 
ence the provisions of 40 CFR 141 .16 pertaining 
to maximum contaminant levels for man-made 
Radionuclides. 

ISA NCAC 18C .1533 - to exempt travel trailer 
parks, campgrounds, and marina slips that do not 
serve 25 or more of the same persons more than 6 
months per year from the requirements of total 
trihalomethane monitoring. 

15A NCAC 18C .1537 - to establish the standards 
for drinking water additives. 

Lsomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 14, 1994. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE PUB- 
LIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 

CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 
WITH G.S 150B-2 1.2(f). 



Fiscal Note: Rule ISA NCAC 18C .0203 affects 
the expenditures or revenues of local funds. A 
fiscal note was submitted to the Fiscal Research 
Division on February 24, 1994, OSBM on Febru- 
ary 25, 1994, N.C. League of Municipalities on 
February 24, 1994, and N.C. Association of 
County Commissioners on February 24, 1994. 

CHAPTER 18 - ENVIRONMENTAL 
HEALTH 

SUBCHAPTER 18C - WATER SUPPLIES 

SECTION .0100 - PROTECTION OF 
PUBLIC WATER SUPPLIES 

.0102 DEFINITIONS 

(a) The definitions contained in G.S. 130A-2_, 
G.S. 130A-290. and G.S. 130A-313 are hereby 
adopt e d incorporated by reference in aooordance 
with G.S. — 150B 1 4 (c) including any subsequent 
amendments and editions. Copies of this material 
are available for inspection and may be obtained 
from the Department of Environment, Health, and 
Natural Resources. Division of Environmental 
Health. Public Water Supply Section. P.O. Box 
29536. Raleigh. North Carolina 27626-0536 at no 
charge . 

(b) The definitions contained in 40 C.F.R. 141 .2 
are hereby adopt e d incorporated by reference m 
accordanc e with G.S. — 150B 14(c) including any 
subsequent amendments and editions except the 
following definitions are not adopted: 

(1) "Disinfection", 

(2) "Maximum containment level", 

(3) "Person", 

(4) "Public Water System", and 

(5) "Supplier of water". 

This material is available for inspection at the 
Department of Environment, Health. - and Natural 
Resources, Division of Environmental Health, 
1330 Saint Mary's Street, Raleigh, North Caroli- 
na. Non-members may obtain copies from the 
American Water Works Association, Information 
Services, 6666 West Ouincy Avenue, Denver. 
Colorado 80235 at a cost of fifteen dollars 
($15.00) up to 20 pages and thirty cents ($0.30) 
per page for each additional page . 

(c) In addition to the definitions adopted by 
reference, the following definitions shall apply to 
this Subchapter: 

(1) "Act" means the North Carolina Drink- 
ing Water Act. 

(2) "Class I reservoir" shall mean a reser- 



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March 15, 1994 



2390 



PROPOSED RULES 



(3) 



,4, 



(a: 



(B) 



(C) 



(6) 



(7) 

(Si 



19] 



voir from which water flows by gravity 
or is pumped directly to a treatment 
plant or to a small intervening storage 
basin and thence to a treatment plant. 
"Class II reservoir" shall mean a reser- 
voir from which the water flows by 
gravity or is pumped to a Class I reser- 
voir prior to final entrance to a water 
treatment plant. 

"Class III reservoir" is a large im- 
poundment used for electric power 
generation, flood control, and similar 
purposes, and which also serves as a 
source of raw water for a community 
water system. 

"Cross-connection" shall mean: 
any physical connection between a 
potable water supply system and any 
other piping system, sewer fixture, 
container, or device, whereby water 
or other liquids, mixtures, or sub- 
stances may flow into or enter the 
potable water supply system; 
any potable water supply outlet which 
is submerged or is designed or intend- 
ed to be submerged in non-potable 
water or in any source of contamina- 
tion or: 

an air gap. providing a space between 
the potable water pipe outlet and the 
flood level rim of a receiving vessel 
of less than twice the diameter of the 
potable water pipe. 
"Community Water System intake" 
shall mean the structure at the head of 
a conduit into which water is diverted 
from a stream or reservoir for transmis- 
sion to water treatment facilities. 
"Disinfection" means a process which 
inactivates pathogenic organisms in 
water. 

"Fecal Coliform" means bacteria con- 
sistently found in the intestine of man 
and other warm blooded animals which 
are not normally disease producing but 
serve as indicators of recent fecal con- 
tamination. They are members of the 
Family Enterobacteriaceae. Genus 
Escherichia, Species Coli. 
"Mobile Home Park " means a site or 
tract of land where spaces are provided 
for lease or rental only to mobile home 
occupants. 

"Mobile home subdivision" means a 
subdivided site or tract of land in which 



lots are sold for use by mobile home 
occupants. 

(1 1) {9j "Non-potable water supply" shall 
mean waters not approved for drinking 
or other household uses. 

(12) <49) "Potable water supply" shall mean 
water which is approved for drinking or 
other household uses. 

(13) H4-) "Raw water" means shall mean 
surface water or groundwater which 
because of bacteriological quality, 
chemical quality, turbidity, color, or 
mineral content makes it unsatisfactory 
as a source for a community water 
system without treatment. 

(14) f4-2) "Raw water reservoir" means shall 
mean a natural or artificial impound- 
ment used for the primary purpose of 
storing raw water to be subsequently 
treated for use as a source for a com- 
munity water system. 

(15) "Service connection" shall mean a 
piped connection from a water main for 
the purpose of conveying water to a 
building or onto a premise for human 
use. 

( 16i "Water supply product" means any 
chemical or substance added to a public 
water system in conjunction with a 
treatment technique or material used m 
construction of a public water system. 
The term includes any material used in 
the manufacture of public water system 
components, appurtenances, any pipe, 
storage tank or valve which comes in 
contact with water intended for use i_n a 
public water system . 

Authorin G.S. 130A-311 through 130A-327; PL. 
93-523; 40 C.F.R. 141.2. 

SECTION .0200 - LOCATION OF SOURCES 
OF PUBLIC WATER SLTPLIES 

.0201 SURFACE SLTPLIES FOR PUBLIC 
WATER SYSTEMS 

(a) A surface supply may be used for a commu- 
nity or a non-transient, non-communitv water 
system with disinfection and without filtration if it 
complies with the provisions of this Section and 
Rule .2005 of this Subchapter . 

(b) Such water supply shall be derived from 
uninhabited wooded areas. 

(c) The entire watershed shall be either owned 
or controlled by the person supplying the water or 



2391 



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March 15, 1994 



PROPOSED RULES 



be under the control of the federal or state govern- 
ment; however, no such new water supply shall be 
created except where the water system owner shall 
own in its entirety the watershed from which the 
water will be obtained. 

(d) The water after disinfection shall be of 
potable quality as determined by bacteriological 
and chemical tests performed by a certified labora- 
tory. The presence of contaminants shall not 
exceed the limits set forth in Section .1500 of this 
Subchapter. 

(e) The water source shall have an WS-I classifi- 
cation as established by the Environmental Man- 
agement Commission and shall meet the quality 
standards for that classification. 



Statutory Authority G. S. 
P.L. 93-523. 



.0202 



130A-315; 130A-318; 



REMOVAL OF DISSOLVED MATTER 
AND SUSPENDED MATTER 

Any surface water which is to receive treatment 
for removal of dissolved matter or suspended 
matter in order to be used for a community public 
water system shall be obtained from a source 
which meets the WS-I, WS-IL. et WS-IIL WS-1V 
or WS-V stream classification standards established 
by the Environmental Management Commission 
and shall be properly protected from objectionable 
sources of pollution as determined by a sanitary 
survey of the watershed made by an authorized 
representative of the Department. The source 
supply shall be sufficient in capacity to satisfy the 
anticipated needs of the users for the period of 
design. 



.0203 PUBLIC WELL WATER SUPPLIES 

Any site or sites for any water supply well to be 
used as a community or non-transient, non-com- 
munity water system shall be investigated by an 
authorized representative of the Division of Envi- 
ronmental Health. Approval by the Division is 
required in addition to any approval or permit 
issued by any other state agency. The site shall 
meet the following requirements fef at the time of 
approval: 
(1) The well shall be located on a lot so that 
the area within 100 feet of the well shall 
be owned or controlled by the person 
supplying the water. The su pplier of 
water shall be able to protect the well lot 
from potential sources of pollution and to 



(2) 



(a) 



ib} 



id) 



Statutory Authority G. S. 


130A-315; 130A-318; 


(e) 


P.L. 93-523. 




® 



isl 

m 



construct landscape features for drainage 
and diversion of pollution. When the 
supplier — of water — is — unable — to — locate 
water from any other approved source or 
when an exi s ting well i s temporarily out 
ef- — operation, — a — representative — of- — the 
Division may approve a s maller well lot 

ftft?8 . 

The well s hall be located at least 100 feet 
from any s ewer or other potential s ource s 
of pollution unless the sewer i s construct 
ed of material s and joints that are equiva 
lent to water main standard s , in which 
case the s ewer shall be at least 50 feet 
from the well. The minimum horizontal 
separation between the well and known 
potential sources of pollution shall be as 
follows: 
100 feet from 



any sanitary sewage 
disposal system , sewer, or a sewer pipe 
unless the sewer is constructed of mate- 
rial and joints that are equivalent to 
water main standards, in which case the 
sewer pipe shall be at least 50 feet from 
the well; 

200 feet from a subsurface sanitary 
sewage treatment and disposal system 
designed for 3000 or more gallons of 
wastewater a day flows, unless it is 
determined that the well water source 
utilizes a confined aquifer; 
500 feet from a septage disposal site; 
100 feet from buildings, mobile homes, 
permanent structures, animal houses or 
lots, or cultivated areas to which chemi- 
cals are applied; 
100 feet from surface water; 
100 feet from a chemical or petroleum 
fuel underground storage tank with 
secondary containment; 
500 feet from a chemical or petroleum 
fuel underground storage tank without 
secondary containment; 
500 feet from the boundary of a ground 
water contamination area; 
500 feet from a sanitary landfill or non- 
permitted non-hazardous solid waste 
disposal site; 

1000 feet from a hazardous waste dis- 
posal site or otherwise in a location 
which conflicts with the North Carolina 
Hazardous Waste Management Rules 
cited as 15A NCAC 13A; 
(k) 300 feet from a cemetery or burial 
ground; and 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2392 



PROPOSED RULES 



{]} 100 feet from any other potential source 

of pollution. 

(3) The Department may require greater 
separation distances or impose other 
protective measures when necessary to 
protect the well from pollution; the De- 
partment shall consider as follows: 

(a) The hazard or health risk associated 
with the source of pollution; 

(b) The proximity of the potential source to 
the well; 

(c) The type of material, facility or circum- 
stance that poses the source or potential 
source of pollution; 

(d) The volume or size of the source or 
potential source of pollution; 

(e) Hydrogeological features of the site 
which could affect the movement of 
contaminants to the source water; 

(f) The effect which well operation might 
have on the movement of contamina- 
tion; and 

(g) The feasibility of providing additional 
separation distances or protective mea- 
s ures. 

(4) &) The srie tot shall be graded or sloped 
so that surface water is diverted away 
from the well head . The site tot shall not 
be subject to flooding. 

(5) When the supplier of water js unable to 
locate water from any other approved 
source and when an existing well can no 
longer provide water that meets the re- 
quirements of this Subchapter, a repre- 
sentative of the Division may approve a 
smaller well lot and reduced separation 
distances for temporary use. 



Statutory Authority 
P.L. 93-523. 



G.S. 130A-315; 130A-318; 



SECTION .0300 - SUBMISSION OF PLANS: 
SPECIFICATIONS: AND REPORTS 

.0301 APPLICABILITY: PRIOR NOTICE 

(a) All persons, including units of local govern- 
ment, intending to construct, alter, or expand a 
community or non-transient, non-community water 
system shall give written notice thereof, including 
submission of applicable plans, specifications and 
engineering reports, to the Division of Environ- 
mental Health, as required by the rules of this 
Section. A non-community water system using 
surface water or ground water under the direct 
influence of surface water shall be subject to the 



provisions of this Rule. An adjacent water system 
shall not be subject to the provisions of this Rule 
unless the adjacent water system is constructed, 
altered or expanded on or after July 31, 1987. 
Non-transient, non-community water systems shall 
not be subject to the provisions of this Rule unless 
constructed, altered, or expanded on or after July 
L L994, 

(b) All reports, plans and specifications shall be 
submitted to the Division at least 30 days prior to 
the date upon which action by the Division is 
desired. 

(c) If revisions to the plans or specifications are 
necessary, the engineer who prepared them will be 
notified. Revised plans and specifications will 
constitute a resubmittal and additional time will be 
required for review. 



Statutory Authority G.S. 130A-315; 
P.L. 93-523. 



130A-317; 



.0302 PLANS 

(a) Procedure Applicable to all Projects, Exten- 
sions, or Changes. All plans, specifications or 
other data intended for submission to the Division 
of Environmental Health , in compliance with the 
statutes covering community water s y s tem s , shall 
be submitted in triplicate for review by the Public 
Water Supply Section, Division of Environmental 
Health, P.O. Box 29536, Raleigh, North Carolina 
27626-0536. 

(b) Plans for Community Water Sy s tem s. Plans 
should consist of legible prints having black, blue, 
or brown lines on a white background suitable for 
microfilming. The plans shall not be more than 36 
inches wide and 48 inches long. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0303 SUBMISSIONS REQUIRED BY 

ENGEVEER AND WATER SUPPLIER 

Detailed plans and specifications for community 
water systems shall be prepared by a professional 
engineer licensed to practice in the State of North 
Carolina. The plans shall bear an imprint of the 
registration seal of the engineer. Upon completion 
of the construction or modification of the commu 
nity water system , the water supplier shall submit 
a statement signed by a registered professional 
engineer and affixed with his professional engi- 
neering seal stating that construction was complet- 
ed in accordance with approved plans and specifi- 
cations and revised only in accordance with the 
provisions of Rule .0306 of this Section. The 



2393 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



statement shall be based upon adequate observa- 
tions during and upon completion of construction 
by the engineer or a representative of the 
engineer's office who is under the engineer's 
supervision. 

Statutory Authority G.S. 130A-315; I30A-317; 
P.L. 93-523. 

.0305 APPROVAL OF PLANS NECESSARY 
BEFORE CONTRACTING 

(a) No construction of community water systems 
shall be undertaken, and no contract for construc- 
tion, alteration, or installation of community water 
systems shall be entered into prior to approval of 
plans and specifications by the Department. 

(b) Units of local government which have an 
adopted water system extension policy, upon 
submission to and approval of a copy of their 
policy by the Department, may be excluded from 
the requirements of submitting plans and specifica- 
tions for water main extensions, and that would 
not have adverse effect upon the existing system 
supply or pressure, provided the following require- 
ments are met: 

( 1 ) Plans and specifications for all such 
extensions shall be prepared by or 
under the direct supervision of an engi- 
neer licensed to practice in the State of 
North Carolina. 

(2) All plans shall be approved by the units 
of local government engineering depart- 
ment or its consulting engineers prior to 
the commencement of construction. 

(3) The Department shall have approved 
the extension policy submitted by the 
unit of local government prior to con- 
struction commencing. 

(4) The extension policy submitted for 
review and approval by the Department 
shall provide for establishing owner- 
ship, operation and maintenance of 
water system extensions, and shall 
constitute prior notice of proposed 
construction. 

(5) Where design is to be based on a local 
government's standard specifications in 
lieu of written separate specifications 
for each extension project, the standard 
specifications shall have been previous- 
ly approved by the Department. 

(6) The local government shall have ob- 
tained from the Department a letter 
stating they have met the aforemen- 
tioned requirement and are excluded 



from the requirement for submitting 
detailed plans and specifications for 
each minor extension in keeping with 
the intent of this Rule. 
(7) Where such minor additions or exten- 
sions have been made an annual 
up-to-date plan of the entire system 
shall be submitted for review and ap- 
proval by the Division. 

Statutory Authority G.S. 130A-315; 130A-3I7; 
P.L. 93-523. 

.0307 ENGINEER'S REPORT 

(a) The owner, when required, shall submit to 
the Division, an engineering report in duplicate 
covering the basic factors and principles consid- 
ered in planning of the project. 

(b) Such engineering reports shall be required 
for projects involving new community water 
systems, modification of existing community water 
s ystem systems , development or modification of 
surface water sources and other community water 
system projects requiring significant engineering. 

(c) Before preparation of the engineering report, 
the consulting engineer may wish to consult with 
the office or field staff of the Division of Environ- 
mental Health concerning the proposed source of 
supply, treatment methods, and alternatives. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0308 TYPE AND FORM OF EXHIBITS 

(a) Engineer's Report. The engineer's report 
(including any preliminary plans) shall contain the 
following information where applicable: 

( 1 ) description of any existing water system 
related to the project; 

(2) identification of the municipality, com- 
munity, ef area.^ or facility to be served 
by the proposed water system; 

(3) the name and address of the owner; 

(4) a description of the nature of the estab- 
lishments and of the area to be served 
by the proposed water system; 

(5) provisions for future extension or ex- 
pansion of the water system; 

(6) a projection of future water demand or 
requirements for service; 

(7) any alternate plans for meeting the 
water supply requirements of the area; 

(8) financial considerations of the project 
including: 

(A) any alternate plans; 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2394 



PROPOSED RULES 



(B) costs of integral units; 

(C) total costs; 

(D) operating expenses; and 

(E) methods of financing costs of con- 
struction, operation and maintenance; 

(9) population records and trends, present 
and anticipated future water demands, 
present and future yield of source or 
sources of water supply; 

(10) character of source or sources of water 
supply, including: 

(A) hydrological data; 

(B) stream flow rates; 

(C) chemical, mineral, bacteriological, 
and physical qualities; and 

(D) location and nature of sources of 
pollution; and 

(11) proposed water treatment processes 
including: 

(A) criteria and basis of design of units, 

(B) methods or procedures used in arriv- 
ing at recommendations, and 

(C) reasons or justifications for any devia- 
tions from conventional or indicated 
process or method. 

(b) Plans. Plans for water supply systems shall 
consist of the following: 

( 1 ) title information including the follow- 
ing: 

(A) name of the city, town, board, com- 
mission or other owner for whom the 
plans were prepared; 

(B) the locality of the project; 

(C) the general title of the set of drawings 
and prints; 

(D) the specific title of each sheet; 

(E) the date; and 

(F) the scales used; 

(2) a preliminary plat plan or map showing 
the location of proposed sources of 
water supply; 

(3) a general map of the entire water sys- 
tem showing layout and all pertinent 
topographic features; 

(4) detail map of source or sources of 
water supply; 

(5) layout and detail plans for intakes, 
dams, reservoirs, elevated storage 
tanks, standpipes, pumping stations, 
treatment plants, transmission pipelines, 
distribution mains, valves, and appurte- 
nances and their relation to any existing 
water system, and the location of all 
known existing structures or installa- 
tions and natural barriers that might 



interfere with the proposed construc- 
tion; and 
(6) the north point. 

(c) Specifications. Complete detailed specifica- 
tions for materials, equipment, workmanship, test 
procedures and specified test results shall accom- 
pany the plans. The specifications shall include, 
where applicable: 

(1) the design and number of chemical 
feeders, mixing devices, flocculators, 
pumps, motors, pipes, valves, filter 
media, filter controls, laboratory facili- 
ties and equipment, and water quality 
control equipment and devices; 

(2) provision for continuing with minimum 
interruption the operation of existing 
water supply facilities during construc- 
tion of additional facilities; 

(3) safety devices and equipment; and 

(4) procedure for disinfection of tanks, 
basins, filters, wells and pipes. 

(d) A supplier of water which has submitted a 
local water supply plan in accordance with G.S. 
143-355(1) shall also provide a copy to the Divi- 
sion of Environmental Health. 

Statutory Authority G.S. 130A-315; 130A-317: 
P.L. 93-523. 

SECTION .0400 - WATER SUPPLY DESIGN 
CRITERIA 

.0401 MINIMUM REQUIREMENTS 

The design criteria given in this Section are the 
minimum requirements for approval of plans and 
specifications of community water s y s tem s by the 
Division of Environmental Health, Department of 
Environment, Health, and Natural Resources. The 
Department provides additional guidelines supple- 
mental criteria for design of water systems in 15A 
NCAC 18C .0500 - .1000. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0402 WATER SUPPLY WELLS 

(a) Well Construction. The construction of 
water supply wells shall conform to well construc- 
tion regulations and standards of the Division of 
Environmental Management, N.C. Department of 
Environment, Health, and Natural Resources^ 
codified in 15A NCAC 2C. 

(b) Upper Terminal of Well. The well casing 
shall neither terminate below ground nor in a pit. 
The pump pedestal for above ground pumps of 



2395 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



every water supply well shall project not less than 
six inches above the concrete floor of the well 
house, or the concrete slab surrounding the well. 
The well casing shall project at least one inch 
above the pump pedestal. For submersible pumps 
the casing shall project at least six inches above 
the concrete floor or slab surrounding the well 
head. 

(c) Sanitary Seal. The upper terminal of the 
well casing shall be sealed watertight with the 
exception of a vent pipe or vent tube having a 
downward-directed, screened opening. 

(d) Concrete Slab or Well House Floor. Every 
water supply well shall have a continuous bond 
concrete slab or well house concrete floor extend- 
ing at least three feet horizontally around the 
outside of the well casing. Minimum thickness for 
the concrete slab or floor shall be four inches. 

(e) Sample Tap and Waste Discharge Pipe. 
Faucets or spigots shall be provided for sampling 
both raw water prior to treatment and treated water 
prior to delivery to the first customer. Sample 
spigots shall not be threaded for hose connection. 
Threaded hose bibs shall be equipped with anti- 
siphon devices. A water sample tap and piping 
arrangement for discharge of water to waste shall 
be provided. 

(f) Physical Security and Well Protection. A 
water supply well shall be secured against unautho- 
rized access and protected from the weather. One 
of the following structures shall be provided: 

(1) Well house. A well house shall be 



constructed as follows: 



(B) 
iC] 



!21 



Structures shall comply with applica- 
ble provisions of state and local build- 
ing codes; 

Drainage shall be provided by floor 
drain, wall drain, or slope to door; 
Access into the structure shall be a 
doorway with minimum dimensions of 
36 inches wide and 80 inches high; 
and 

The structure shall have adequate 
space for the use and maintenance of 
the piping and appurtenances. If 
treatment is provided at the well, the 
provisions of Rule .0404(a) of this 
Section shall apply. 
The structure shall be secured with 
lock and key. 
Prefabricated structures. A prefabricat- 
ed structure shall be constructed as 
follows: 
(A) A well-head cover shall be hinged and 
constructed so that it can be lifted by 



1EJ The 



one person; 

(B) A locking mechanism shall be provid- 
ed; and 

(C) Permanent fastening to the slab (such 
as with bolts) shall not be permitted. 

(3) Fencing and temperature protection. 
Fencing and temperature protection 
shall be constructed as follows: 

The fence height shall be a minimum 

of six feet; 

The fence shall be constructed of 

chain 



(A) 

mi 

ID} 

ill 



link with locked access; 
fence shall enclose the wel 



The 

hvdropneumatic tank, and associated 
equipment; 

Access shall be provided for adequate 
maintenance and operation; and 
The well, piping, treatment equip- 
ment, and electrical controls shall be 
protected against freezing. Wrapping 
with insulation is acceptable for ap- 
purtenances such as the air vent, 
meter, valves, and sample taps pro- 
vided they are visible and accessible. 



Insulation shall be jacketed. 
m LSI Yield: 

(1) Wells shall be tested for yield and 
drawdown. A report or log of at least 
a 24-hour drawdown test to determine 
yield shall be submitted to the Division 
of Environmental Health for each well. 

(2) Wells shall be located so that the 
drawdown of any well will not interfere 
with the required yield of another well. 

(3) The combined yield of all wells of a 
water system shall provide in 12 hours 
pumping time the average daily demand 
as determined in Subparagraph (f)(7) 
Rule .0409 of this Section . 

(4) The capacity of the permanent pump to 
be installed in each well shall not ex- 
ceed the yield of the well as determined 
by the drawdown test. 

(5) A residential community water system 
using well water as its source of supply 
and designed to serve 50 or more re - si 
dence s or connections shall provide at 
least two wells. A travel trailer park or 
campground designed to serve 100 or 
more connections shall provide at least 
two wells. In lieu of a second well, 
another approved water supply source 
may be accepted. 

(6) A totalizing meter shall be installed in 
the piping system from each well. 



8:24 



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March 15, 1994 



2396 



PROPOSED RULES 



f7-) The well or wells serving a mobile 

home park shall be capable of s upply 

ing an average daily demand of 250 

gallons per day — per connection. — The 

well or wells serving residences shall 

be — capable — of supplying — &fi — average 

daily demand of 4 00 gallons per day 

per connection. 

fg-) (hj Initial Disinfection of Water Supply 

Well. All new wells, and wells that have been 

repaired or reconditioned shall be cleaned of 

foreign substances such as soil, grease, and oil, 

and then shall be disinfected. A representative 

sample or samples of the water (free of chlorine) 

shall be collected and submitted to an approved a 

certified laboratory for bacteriological analyses. 

After disinfection the water supply shall not be 

placed into service until bacteriological test results 

of representative water samples analyzed in an 

approved a certified laboratory are found to be 

satisfactory. 

fk) ([} Initial Chemical Analyses. A representa- 
tive sample of water from every new water supply 
well shall be collected and submitted for chemical 
analyses to the Division of Laboratory Services or 
to a certified laboratory approved by the Division . 
The results of the analysis must be satisfactory 
before the well is placed into service. 

ft-) £j) Continuous Disinfection. Equipment 
designed for continuous application of chlorine or 
hypochlorite solution or some other approved and 
equally efficient disinfectant shall be provided for 
all well water supplies introduced on or after 
January I, 1972. Equipment for determining 
residual chlorine concentration in the water shall 
be specified. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0403 SURFACE WATER FACILITIES 

(a) Unimpounded Stream. Both the minimum 
daily flow of record of the stream and the estimat- 
ed minimum flow calculated from rainfall and 
run-off shall exceed the maximum daily draft for 
which the water treatment plant is designed with 
due consideration given to requirements for future 
expansion of the treatment plant. The Department 
may approve a water plant capacity greater than 
the minimum daily flow of record of the stream 
when rules of other government agencies will not 
be violated. The maximum allowable system 
expansion shall be based on the minimum daily 
flow of record of the stream. 

(b) Pre-settling Reservoirs. Construction of a 



pre-settling or pre-treatment reservoir shall be 
required where excessive bacterial concentrations 
or wide and rapid variations in turbidity or chemi- 
cal qualities occur or where the following raw 
water quality standards are not met: turbidity : 
150 NTU, coliform bacteria z 3000/100 ml, fecal 
coliform bacteria - 300/100 ml, color - 75 CU. 

(c) Impoundments. Raw water storage capacity 
shall be sufficient to reasonably satisfy the de- 
signed water supply demand during periods of 
drought. 

(d) Clearing of Land for Impoundment. The 
area in and around the proposed impoundment of 
class I and class II reservoirs shall be cleared as 
follows: 

(1) The area from normal full level to five 
feet below the normal full level pool 
elevation of the impoundment shall be 
cleared and grubbed of all vegetation 
and shall be kept cleared until the reser- 
voir is filled. Secondary growth shall 
be removed prior to flooding. A mar 
gin of at lea s t 50 feet around the im 
poundment shall be owned or controlled 
by the water supplier. 

(2) The entire area below the five foot 
water depth shall be cleared and shall 
be kept cleared of all growth of less 
than six inches in diameter until the 
reservoir is filled. Stumps greater than 
six inches in diameter may be cut off at 
ground level. 

(3) All brush, trees, and stumps shall be 
burned or removed from the proposed 
reservoir. 

(e) Existing Impoundments. Existing impound- 
ments may be approved as raw water sources as 
follows: 

( 1 ) The requirements of Paragraph (c) of 
this Rule, and Section .0200 of this 



Subchapter shall be met; 
(2) A class I or class II reservoir shal 



_ meet 
200 of 



the requirements of Section 
this Subchapter; and 
(3) The supplier of water shall have an 
engineer along with other qualified 
consultants as needed conduct a study 
of the impoundment and provide the 
Department information to determine 
whether the requirements of this Sub- 
chapter are met. The study shall in- 
clude as follows: 

(A) Plans and specifications of the im- 
pounding structure; 

(B) Information concerning clearing of the 



2397 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



land for impoundment as provided jn 
Paragraph (d) of this Rule; 

(C) Information concerning sources of 
pollution on the watershed; 

(D) Documentation of control by the 
supplier of water of the impoundment 
and 50 foot margin around the im- 
poundment measured from the normal 
pool elevation; 

(E) Information concerning the quality of 
the water and sediments which could 
cause water quality fluctuations such 
as lake stratification, turnover and 
algae bloom; and 

(F) Other information necessary to show 
the proposed source will meet the 
requirements of this Subchapter. 

(f) A margin of at least 50 feet around a class ] 
and class II reservoir measured from the normal 
pool elevation shall be owned or controlled by the 
water supplier. 

(e) (g) Intakes, Pumps, Treatment Units, and 
Equipment. Raw water intakes, pumps, treatment 
units and equipment shall be designed to provide 
water of potable quality meeting the water quality 
requirements stated in Section .1500 of this Sub- 
chapter. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 



to the water. There s hall be provided a minimum 
of 20 minuto3 ohlorine contact time prior to pump 
ing the water to the distribution system. All 
facilities treating surface water or ground water 
influenced by surface water shall comply with the 
disinfection requirements m Rule .2002 of this 
Subchapter. 
{b-) (c) Chemical Feed Machines 

(1) Durable chemical feed machines de- 
signed for adjustable accurate control of 
feed rates shall be installed for applica- 
tion of all chemicals necessary for 
appropriate treatment of the water. 
Chemical pretreatment using coagulant 
chemicals is required prior to filtration 
by granular filter media. Sufficient 
stand-by units to assure uninterrupted 
operation of the treatment processes 
shall be provided. Continuous chemical 
application must be protected from 
electrical circuit interruption which 
could result in overfeed, underfeed or 
interrupt the feed of chemicals. 

(2) Chemical feed lines from the feeders to 
the points of application shall be of 
durable material, adequate in size, 
corrosion resistant, easily accessible for 
cleaning and protected against freezing. 
Excessive length shall be avoided and 
the number of bends reduced to a mini- 



.0404 WATER TREATMENT FACILITIES 

(a) Physical Security and Facility Protection. 
Treatment equipment and chemicals shall be 
secured against unauthorized access and shall be 
protected against the weather as follows: 

(1) Structures shall comply with provisions 
of state and local building codes; 

(2) Drainage shall be provided by floor 
drain, wall drain, or slope to door; 

(3) Access to the structure shall be a door- 
way with minimum dimensions of 36 
inches wide and 80 inches high or 
larger. The doorway shall be large 
enough to accommodate installation or 
removal of equipment; and 

(4) The structure shall have space to facili- 
tate operation and maintenance of treat- 
ment equipment, storage of chemicals, 
required piping and appurtenances, 
electrical controls, and laboratory test- 
ing. 

(b) Mixing and Dispersion of Chemicals. 
Provisions shall be made for adequate mixing and 
dispersion of chlorine and other chemicals applied 



(3) Piping and appurtenances shall be 
constructed of suitable material for the 
chemical being added and the specific 
application. 

(4) A separate feeder shall be used for each 
chemical applied. 

fe) £dj Disinfection Equipment: 

(1) Equipment designed for application of 
chlorine, or some other approved, 
equally efficient disinfectant shall be 
provided. Stand-by units shall be pro- 
vided. The plans and specifications 
shall describe the equipment in detail. 

(2) Chlorinators shall be installed in tightly 
constructed, above ground rooms with 
adequate mechanical ventilation to the 
outside air. The capacity of exhaust 
fans shall be sufficient to discharge all 
air in the rooms every 30 seconds to 1 
minute. The fans or their suction ducts 
shall be located not more than eight 
inches above floor level. Provisions for 
entrance of fresh air shall be made. 
The point of discharge shall be so 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2398 



PROPOSED RULES 



located as not to contaminate the air in 
any building or inhabited areas. Electri- 
cal switches for operation of fans shall 
be located outside the chlorinator 
rooms. Rooms used for storage of 
chlorine cylinders shall be designed as 
described above. 

fd) [ej Safety Breathing Apparatus. Emergency 
Self-contained emergency breathing e quipment 
apparatus for operators shall be stored outside 
rooms where gaseous chlorine is used or stored. 

fe) £0 Meters and Gauges. Meters and gauges, 
including raw and finished water meters, shall be 
installed to indicate and record water flow entering 
the treatment plant and water pumped or conducted 
to the distribution system. 

{#> lg] Prevention of Backflow and 

Back-Siphonage. Submerged inlets and intercon- 
nections whereby non-potable water, or water of 
questionable quality, or other liquids may be 
siphoned or forced into or otherwise allowed to 
enter the finished water supply shall not be permit- 
ted. 

fg-> i_hj Chemical Storage. Separate space for 
storing at least 30 days supply of chemicals shall 
be provided. A separate room or partitioned space 
shall be provided for storage of dry fluoride 
chemicals or liquid fluoride chemicals in portable 
containers. 

{b) ri_] Laboratory. Adequate space, equipment, 
and supplies shall be provided for daily, routine 
chemical and bacteriological tests. A layout of 
laboratory furniture and equipment shall be includ- 
ed in the plans. 

ft) ij) Toilet Facilities. Adequate toilet facili- 
ties shall be provided for the plant personnel. 

(k) Waste Handling and Disposal. 

( 1 ) Provisions must be made for proper 
disposal of water treatment plant wastes 
such as clarification sludge, softening 
sludge, iron-manganese sludge, filter 
backwash water and brines. Untreated 
waste shall not be returned to the head 
of the water treatment plant. 

(2) Recycling of supernatant or filtrate 
from waste treatment facilities treating 
filter wash water, sedimentation basin 
sludge or clarifier basin sludge to the 
head of the water treatment plant may 
be allowed when the following condi- 
tions are met: 

(A) The water recycled shall be less than 
10 percent by volume of the raw 
water entering the water treatment 
plant. 



(B) A permit has been issued by the 
appropriate regulatory authority for 
discharge of wastes to sanitary sewer, 
stream, lagoon or spray irrigation. 

(C) The raw water does not contain exces- 
sive algae, finished water taste and 
odor problems are not encountered 
and trihalomethane levels in the distri- 
bution system do not exceed allowable 
levels. 



Statutory Authority 
P.L. 93-523. 



G.S. 130A-315; 130A-317; 



.0405 STORAGE OF FINISHED WATER 

(a) Ground Level Storage 

(1) Water Ground Storage Tank. Finished 
water ground storage tanks shall be 
provided with a light-proof and 
insect-proof cover of concrete, steel or 
other material approved by the Divi- 
sion. The construction joints between 
side walls and the covers of concrete 
tanks or reservoirs shall be above 
ground level and above flood level; 
except that clearwells constructed below 
filters may be excepted from this re- 
quirement when total design, including 
waterproof joints, gives equal protec- 
tion. 

(2) Access Manholes. The access man- 
holes for finished water storage tanks or 
reservoirs shall be framed at least four 
inches above the tank or reservoir 
covers at the opening and shall be fitted 
with solid covers of durable materials 
that overlap the framed openings and 
extend down around the frames at least 
two inches. The covers for the open- 
ings shall be hinged at one side and 
fitted with a locking device. 

(3) Tanks or Reservoirs. The tanks or 
reservoirs shall have vents with 
screened, downward directed openings. 
The vent and screen shall be of corro- 
sion resistant, durable material. 

(4) Overflow. The overflow pipes for 
storage tanks or reservoirs shall not be 
connected directly to sewers or storm 
drains. Screens or other devices to 
prevent access by rodents, insects, etc. 
should be provided in the overflow 
pipe. 

(5) Inlets and Outlets. Water supply inlets 
and outlets of storage tanks and reser- 



2399 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



voirs shall be located and designed to 
provide adequate circulation of the 
water. Baffles shall be constructed 
where necessary to provide thorough 
circulation of the water. 

(6) Drain Valves. All tanks and reservoirs 
shall be equipped with drain valves, 
(b) Elevated Storage Tanks: 

(1) Standards. The specifications for ele- 
vated tanks, stand-pipes, towers, paints, 
coatings and other appurtenances shall 
meet the appropriate ANSI/ AWWA 
Standards D 100 73j 84 and D 
101-53 (R86) , and D 102 6 4 of the 
American Water Works Association, 
Inc. , which is adopted are hereby incor- 
porated by reference including any 
subsequent amendments and editions. 
This material js available for inspection 
at the Department of Environment, 
Health, and Natural Resources, Divi- 
sion of Environmental Health, 1330 
Saint Mary's Street, Raleigh, North 
Carolina, m — accordance — w-rth — G.S, 
150B 1 4 (c) — ef — approved — equal — s tan 
dard s . — Copie s of AWWA standards are 
available — from Non-members may 



(2) 



obtain copies from the American Water 
Works Association, 6666 W. Quincy 
Avenue, Denver, Colorado 80235 at a 
cost of eighteen dollars and fifty cents 
($18.50) for D 100-84 and nine dollars 
($9.00) for D 101-53(R86) . Copies are 
available for public inspection at the 
principal address of the Division. 
Elevation of Storage Tanks. The eleva- 
tion of storage tanks shall be sufficient 
to produce a designed minimum distri- 
bution system pressure of 20 pounds 
per square inch at peak demand (fire 
flow) and 30 pounds per square inch 
during peak flow. 

Drain. Elevated storage tanks shall be 
equipped with drain valves, 
(c) Hydropneumatic Storage Tanks (Pressure 
Tanks) 

Use of Pressure Tanks. Where well 
yields and pumping capacities are suffi- 
cient, hydropneumatic (pressure) tanks 
may be used to control pumps, stabilize 
pressures and provide a minimum of 
storage. Pressure tanks shall have the 
capacity to maintain a minimum pres- 
sure of 30 pounds per square inch 
throughout periods of peak flow. Pres- 



(3) 



(1) 



sure tanks shall not be considered ac- 
ceptable for meeting total storage re- 
quirements for water systems of over 
300 connections, except as provided in 
Rule .0 4 05(d) of thi s Section Paragraph 
(d) of this Rule . 

(2) Corrosion Control. Pressure tanks shall 
be galvanized after fabrication, provid- 
ed with an approved liner or coated in 
accordance with AWWA — Standard — D 
102 6 4 of the American Water Works 
As s ociation, Inc., which is adopted by 
reference — m — accordance — with — G.S. 
150B 1 4 (c) or approved equal standard. 
Copies of AWWA s tandards are avail 
able from the American Water Works 
Association, 6666 W. Quincy Avenue, 
Denver. Colorado 80235. — Copies arc 
available for public in s pection at the 
principal address of the Division Rule 
.1537 of this Subchapter . 

(3) Required Parts. Pressure tanks shall 
have access manholes, bottom drains, 
pressure gauges, and properly sized 
safety and vacuum relief valves. 

(4) Controls. Automatic pressure, 
start-stop controls for operation of 
pumps shall be provided. 

(5) Hydropneumatic Storage Tanks. 
Hydropneumatic storage tanks shall 
conform to the construction require- 
ments for pressure vessels adopted by 
the North Carolina Department of 
Labor and codified in 13 NCAC 13 
which i s adopted js hereby incorporated 
by reference in accordance with G.S. 
150B 1 4 (c) including any subsequent 
amendments and editions . Copies of the 
rules are available for inspection at the 
Department of Environment, Health, 
and Natural Resources, Division of 
Environmental Health, 1330 Saint 
Mary's Street, Raleigh, North Carolina. 
Copies may be obtained from the Boiler 
and Pressure Vessel Division, North 
Carolina Department of Labor, 344 
We s t — Jones — Street 4 West Edenton 
Street , Raleigh, N.C. 37603 27601 at a 
cost of fifteen dollars ($15.00) . 

(6) Appurtenances to hydropneumatic 
storage tanks such as valves, drains, 
gauges, sight tubes, safety devices, air- 
water volume controls, and chemical 
feed lines shall be protected against 
freezing. 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2400 



PROPOSED RULES 



(d) High Yield Aquifers: 

(1) Equipment. In lieu of providing elevat- 
ed storage for systems over 300 con- 
nections in areas where aquifers are 
known to produce high yields, t-rer e.g. , 
400-500 gpm from an eight-inch well, 
a system of extra well pumping capaci- 
ty, auxiliary power generating equip- 
ment, hydropneumatic tanks, controls, 
alarms and monitoring systems may be 
provided. The design and installation 
of such system shall assure that reli- 
able, continuous service is provided. 

(2) Auxiliary Power. Such a system shall 
have an adequate number of wells 
equipped with sufficient pumping ca- 
pacity so that the required flow rate can 
be maintained with the single largest 
capacity well and pump out of opera- 
tion. Auxiliary power generating 
equipment shall be provided for each 
well sufficient to operate the pump, 
lights, controls, chemical feeders, 
alarms and other electrical equipment as 
may be necessary. 

(3) Pump Control. Hydropneumatic tanks 
designed in accordance with Paragraph 
(c) of this Rule and Section .0800 of 
this Subchapter shall be provided to 
maintain pressure and control the pump 
operation. 

(4) Alarm System. An alarm system shall 
be provided which will send a visual or 
audible signal to a constantly monitored 
location so that the water system opera- 
tor will be advised of a primary power 
failure. 



Statutory Authority G. S. 
P.L. 93-523. 



130A-315; 130A-317; 



.0407 ELECTRICAL SYSTEMS 

Electrical wiring and equipment shall comply 
with applicable provisions of the national, state. 
and local electrical codes. Protection against 
moisture and overheating shall be provided. 



Statutory Authority G. S. 
P.L. 93-523. 



130A-315; 130A-317; 



2401 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



.0409 SERVICE CONNECTIONS 

(a) Local Water Supply Plan. Units of local government which are operating under a local water supply 
plan in accordance with G.S. 143-355(1) shall not be limited in the number of service connections. 

(b) No local water supply plan. A public water system which does not have a local water supply plan as 
stated in Paragraph (a) shall limit its number of service connections as follows: 

(1) A public water system shall meet the daily flow requirements specified in Table U 

Table U Daily Flow Requirements 

Type of Service Connection Daily Flow for Design 

Residential 400 gallon/connection 

Mobile Home Parks 250 gallon/connection 

Campgrounds and Travel Trailer Parks 100 gallon/space 

Marina JO gallon/boat slip 

Marina with bathhouse 30 gallon/boat slip 

Rest Homes and Nursing Homes 

with laundry 120 gallon/bed 

without laundry 60 gallon/bed 

Schools J_5 gallon/student 

Day Care Facilities J_5 gallon/student 

Construction, work, or summer camps 60 gallon/person 

Business, office, factory (exclusive of industrial use) 

without showers 25 gallon/person/shift 

with showers 35 gallon/person/shift 

Hospitals 300 gallon/bed 

or; 

(2) A public water system serving different types of service connections shall meet the maximum daily 
demand calculated as follows: 

(A) Where records of the previous year are available that reflect daily usage, the average of the two 
highest consecutive days of record of the water treated shall be the value used to determine jf 
there is capacity to serve additional service connections (unusual events such as massive line 
breaks or line flushings shall not be considered). 

(B) Where complete daily records of water treated are not available, the public water system shall 
multiply the daily average use based on the amount of water treated during the previous year of 
record by the appropriate factor to determine maximum daily demand, as follows: 

(i) A system serving a population of 10,000 or less shall multiply the daily average use by 2.5; 

or 
(ii) A system serving a population greater than 10,000 shall multiply the daily average use by_ 

2.0. 



Statutory' Authority G.S. 130A-315; 103A-317; P.L. 93-523. 



SECTION .0500 - SUPPLEMENTAL DESIGN 
CRITERIA 



system s as supplemental design criteria for approv- 
aj of plans and specifications . 



.0501 PURPOSE 

For the protection of the public health, and 
pursuant to authority granted by Article 10 of 
Chapter 130A of the General Statutes of North 
Carolina, the Commission for Health Services 
hereby adopts the following rules (15A NCAC 
18C .0500 through .1000 ) governing the location 
of s ources of s upply of community water systems, 
the design and con s truction of community water 
systems, the operation of community water sy s 
terns, — and — the — protection — of community — water 



Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0502 DESIGN CRITERIA 

These design guideline s arc intended to supple 
mcnt the mandatory criteria established in the rule s 
providing for the protection of community water 
systems (15A NCAC — 18C) as adopted by the 
Commi ss ion for Health Services, and arc to be 
used as recommended guidelines in the preparation 
of plan s and s pecifications for community water 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2402 



PROPOSED RULES 



systems. Community and non-transient, non- 
community water systems and non-eommunity 
water systems using surface water or ground water 
under the influence of surface water shall comply 
with these supplemental design criteria unless 
alternate design proposals are approved by the 
Department. The Department shall consider the 
following factors in approving an alternate design: 

(1) The potential health risk of using the 
alternate design; 

(2) The need for deviation from the supple- 
mental design criteria; 

(3) The degree of deviation from the supple- 
mental design criteria; and 

(4) The capability of the alternate design to 
meet the maximum contaminant levels, 
treatment techniques and other require- 
ments of this Subchapter. 



.071 1 of this Section have been satisfied. 



(c) Weir Loading. Weir loading shall not 
exceed seven gallons per minute per foot of weir 
length. Horizontal flow to the collection trough 
shall not exceed 10 feet. 

(d) Speed Agitator Equipment. Mixing and 
flocculation shall be accomplished by means of 
adjustable, variable speed agitator equipment. 

(e) Sludge Withdrawal. Sludge withdrawal 
equipment shall include an intermittent sludge 
removal mechanism controlled by an adjustable 
automatic timer. 

(f) Basin Drain. The basin should be provided 
with a bottom drain that is of sufficient size to 
empty the basin in two hours or less. 



Statutory Authority G. S. 
P.L. 93-523. 



130A-315; 130A-317; 



Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

SECTION .0700 - SURFACE WATER 
TREATMENT FACILITIES 

.0703 MECHANICAL FLOCCULATION 

(a) Basin Inlet and Outlet. The design of inlets 
and outlets of flocculation basins shall prevent 
short circuiting of the water and destruction or 
deterioration of the floe. 

(b) Detention Period. The flocculation basins 
should have a theoretical detention period of not 
less than 20 minutes. 

(c) Agitator Control. The agitators of floccula- 
tion basins shall be equipped with variable speed 
controls. 

(d) Paddles. Peripheral speed and paddle 
configuration shall be designed to obtain optimum 
velocity gradient. 



Statutory Authority G. S. 
P.L. 93-523. 



130A-315; 130A-317; 



.0707 SOLIDS CONTACT OR UP-FLOW 
UNITS 

(a) Approval of Solids Contact or Up-Flow 
Units. Solids contact or up-flow clarification units 
shall be approved only where raw water character- 
istics are substantially constant and shall not be 
approved for raw waters that have wide and rapid 
variations in turbidity or other qualities that would 
adversely affect the treatment process. 

(b) Water Rise Rate. The rise rate shall not 
exceed 1 .0 gallon per minute per square foot of 
clarification area unless the requirements of Rule 



.0708 GRAVITY FILTERS 

(a) Filtration Rates. The standard rate of filtra- 
tion for a single media filter shall be two gallons 
per minute per square foot. Higher filtration rates 
up to four gallons per minute per square foot may 
be approved for dual media or multi-media filters. 
Filtration rates in excess of four gallons per minute 
per square foot may be approved subject to pilot 
plant or plant scale demonstrations conducted in 
accordance with Rule .0714 of this Section. 

(b) Wash Water Rate. The backwash rate of 
flow shall be designed to theoretically expand the 
filter media 50 percent. 

(c) Rate Control Devices. Rate control equip- 
ment shall be provided to control or regulate the 
filtration rate and the backwash rate. If declining 
rate filtration is to be utilized, orifice plates shall 
be installed on each filter effluent pipe to control 
maximum filtration rates. 

(d) Surface Washers. Filter beds shall be 
equipped with a revolving or fixed system of 
nozzles designed for uniform watcrjot agitation of 
the entire beds. 

(e) Gauges and Flow Indicators. Gauges or 
meters shall be installed to indicate the rate of 
filtration, the loss of head, and backwash rate for 
every filter. 

(f) Filter Media: 

(1) Filter Sand. Filter sand shall be clean 
silica sand having: 

(A) fH an effective size of 0.35 mm to 
0.55 mm, 

(B) f2-) a uniformity coefficient of not 
more than 1 .70, 

(C) 0) a dust content (passing 150 mesh 
tyler) less than 0.5 percent, and 



2403 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



(D) (4) a depth of at least 24 inches and 
generally not more than 30 inches. 

(2) (g) Anthracite Filter Media. If anthra- 
cite coal is used as a single filter media, 
it shall have an effective size of 0.35 
mm to 0.55 mm and a uniformity coef- 
ficient of 1 .70 or less. Minimum depth 
of the media shall be 24 inches. 

(3) fk) Dual Media or Multi-media Filters. 
Dual media and mixed media filter beds 
may have a wider range of gradation 
than single media beds. Particle sizes 
may range from 0.15 mm to 1.2 mm 
within the beds. Influent water quality 
shall be considered in specifying parti- 
cle sizes of mixed media beds. The 
minimum depth of the filter media 
should shall be 24 inches. 

ft) (g) Supporting Media and Underdrain Sys- 
tem. The underdrain system and layers of gravel 
or other media supporting the filter media shall be 
designed to provide uniform filtration and uniform 
backwash throughout the filter media. 

fj) (h) Wash Water Troughs Elevation. The 
elevation of the bottom of the wash water troughs 
for new installations shall be above the maximum 
level of the expanded media during washing at the 
normal design wash water rate. The elevation of 
the top of the wash water troughs shall provide a 
two-inch freeboard above the expanded media at 
the maximum rate of wash. 



ffe) ijj Turbidity Monitoring. Turbidimeters 
employing the nephelometric method, or measure- 
ment of the intensity of scattered light, should 
shall be provided for the continuous determination 
of the turbidities of filtered water from each filter 
unit. 

ft) {]) Sampling Tap. A tap shall be installed 
for convenient sampling of the effluent from each 
filter. 

(Tc) Multiple Filter Units. Two or more filter 
units shall be provided such that the annual aver- 
age daily demand can be satisfied at the approved 
filtration rate with one filter removed from ser- 
vice. 

(1) Structural Design. Filters shall have vertical 
walls with no protrusions or curvature. Floors of 
filter rooms shall be designed to prevent flooding 
or spillage into filters through provisions of over- 
flow drainage and a minimum of four inch curbs 
around the filters. 

(m) Filter to Waste. All filters shall have 
provisions for filtering to waste with backflow 
prevention. 

(n) Filter Backwash. Backwash capacity to 
ensure thorough cleaning of the filters shall be 
provided. 



Statutory Authority 
P.L. 93-523. 



G.S. 130A-315; 130A-317; 



.0710 OTHER WATER TREATMENT PLANTS 

Water treatment plants which provide conventional filtration treatment, as defined in Rule .0102 of this 
Subchapter, but do not meet the minimum design criteria for process flow times established jn this Rule, may 
be approved to treat high quality source waters under the following conditions: 

(1) A proposal shall be presented to the Department to justify deviation from minimum criteria. The 
proposal shall include an engineering report containing information and data to substantiate high 
source water quality characteristics and demonstrate water treatment plant effectiveness. 

(2) The flocculation process shall have a minimum of 20 minutes theoretical detention time. 

(3) The sedimentation compartment shall utilize tube settlers, plates or equivalent settling enhancement 
mechanisms and have a minimum of 30 minutes detention time. 

(4) The filter media shall be a minimum of 24 inches in depth and consist of dual or multi-media. 

(5) The source waters shall be derived from watersheds which are classified as WS-I, WS-II or WS-HI 
and shall be protected from objectionable sources of pollution as determined by a sanitary survey jn 
accordance with Rule .0202 of this Subchapter. 

(6) The following raw water quality standards shall apply: 

(a) WS-I, WS-II or WS-HI raw water quality standards established by the Environmental Management 
Commission shall be met. 

(b) In addition to Sub-Item (6)(a) of this Rule, the following maximum concentration of turbidity, 
coliform, fecal coliform and color shall be allowed in the water plant influent water, based on 
sedimentation time provided by the water treatment plant. Off-stream pre-treatment to maintain 
these standards shall be provided as specified in Item (7) of this Rule. 



SED TIME 



4 hrs. 



hrs. 



hr. 



Vz hrs. 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2404 



PROPOSED RULES 



Turbidity (NTU) 
Coliform/ 100 ml 
Fecal coliform/ 100 ml 
Color (CU) 



150 

3,000 

300 

75 



75 

2,000 

200 

60 



50 
,000 



100 
40 



25 

500 

50 

20 



Note: Uneven values are to be interpolated. 

(c) Maximum allowable fluctuations in turbidity, coliform, fecal coliform, color (up to the maximum 
of Sub-Item (6)(b) of this Rule, chemicals and other water quality characteristics shall be 
established by a pilot study conducted in accordance with Rule .0714 of this Section. 

(d) The allowable raw water concentration of aH other contaminants, for which drinking water 
standards are established in this Subchapter, shall be based on the removal capacity of the water 
plant as demonstrated in a pilot study conducted in accordance with Rule .0714 of this Section. 

(7) Off-stream pre-treatment/storage reservoirs shall be provided to maintain the raw water quality 
standards of Item (6) of this Rule, equalize fluctuations and provide an unpolluted storage reserve 
in the event of contaminant spills as follows: 

(a) Off-stream pre-treatment/storage reservoirs shall not be required for source waters derived from 
uninhabited watersheds classified WS-I if it is demonstrated that the raw water quality standards 
and fluctuations of Item (6) of this Rule are maintained m the water treatment plant influent water. 

(b) Off-stream pre-treatment/storage shall not be required for source waters derived from Class L. I] 
or HI reservoirs on WS-1, WS-II or WS-III watersheds if an engineering report demonstrates to the 
Department the source is riot vulnerable to spills and that the water quality standards and 
fluctuations of Item (6) of this Rule can be maintained in fjie water plant influent water. 

(c) For all other source waters derived from WS-I, WS- 1 1 or WS-III watersheds, a minimum of five 
days off-stream pre-treatment/storage shall be provided. An engineering report as described in 
Item ( 1) of this Rule shall be submitted to demonstrate that five days storage is adequate or to 
determine the greater storage needed to maintain the raw water quality standards and fluctuations 
of Item (6) of this Rule m the water treatment plant influent water. 

(d) When terrain or space constraints make it infeasible to construct a pre-treatment/storage reservoir, 
a mechanical pre-treatment system may be approved when an engineering report demonstrates to 
the Department that the source js not vulnerable to contaminant spills and that the raw water quality 
standards and fluctuations of Item (6) of this Rule can be maintained in the water treatment plant 
influent water. 

Statutory Authority G.S. 130A-315; 130A-317; PL. 93-523. 



.0711 ALTERNATIVE FILTRATION (3) 

TREATMENT TECHNOLOGIES 

A public water system may propose an alterna- 
tive filtration treatment technology as provided in 
Rule .2003 of this Subchapter. The following 
conditions shall apply: 

(1) The source waters shall be derived from (4) 
WS-I, WS-II or WS-III watersheds and 

shall be protected from objectionable 
sources of pollution as determined from 
a sanitary survey in accordance with Rule 
.0202 of this Subchapter. 

(2) The raw water quality standards and (5) 
fluctuations shall be as specified in Rule 

.0710 Item (6) of this Section, except that 
the following maximum concentrations 
shall be allowed in the influent water to 
the water treatment plant: Turbidity z 20 
NTU, coliform : 500/100 ml. fecal coli- 
form - 50/100 ml, color - 20 CU. 



Off-stream pre-treatment/storage shall be 
provided as specified in Rule .0710 of 
this Section except that the raw water 
quality standards of Item (2) of this Rule 
shall be maintained in the water treatment 
plant influent water. 

If the Department determines that the 
proposed water treatment plant employs 
treatment techniques that are consistent 
with this Subchapter, a pilot study shall 
be conducted in accordance with Rule 
.071 4 of this Section. 



If fjie pilot study demonstrates to the 
Department that the proposed water 
treatment plant can consistently produce 
water which complies with all require- 
ments of this Subchapter, detailed engi- 
neering plans and specifications for the 
proposed plant and appurtenances shall 
be presented to the Department for re- 



2405 



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March 15, 1994 



PROPOSED RULES 



view and approval prior to construction 
or letting a contract. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0712 DIRECT FILTRATION 

Water treatment plants which use direct filtration 
may be approved to treat high quality source 
waters derived from uninhibited watersheds classi- 
fied WS-I. A proposal, including an engineering 
report as described in Rule ,0710 Item (1) of this 
Section shall be submitted to the Department. 
(1) The following raw water maximum con- 
taminant concentrations shall be met: 
Turbidity -_ 5 NTU, coliform -_ 500/100 
ml. fecal coliform ; 50/100 ml. color = 
15 CU. Fluctuations shall not exceed 5 
percent per hour. 

A minimum of 5 days off-stream storage 
shall be provided except in cases where 
the source waters are derived from large 
in-stream impoundments and it is demon- 
strated that the raw water quality stan- 
dards and fluctuations or Item (1) of this 
Rule are maintained at the entrance to the 
water treatment plant. 
If the Department determines that the 
proposed water treatment plant provides 
treatment techniques that are consistent 
with this Subchapter and that the treat- 
ment is feasible for the source water, a 
pilot plant study shall be conducted in 
accordance with Rule .0714 of this Sec- 
tion. 



ill 



ill 



(4) 



If the pilot study demonstrates to the 
Department that the proposed plant can 
consistently produce water which com- 
plies with all requirements of this Sub- 
chapter, detailed engineering plans and 
specifications for the proposed plant and 
appurtenances shall be presented to the 
Department for review and approval 
prior to construction or letting a contract. 



Statutory Authority 
P.L. 93-523. 



G.S. 130A-315; 130A-317; 



.0713 PRESSURE FILTERS 

Pressure filters shall not be used in treatment of 
surface waters. Pressure filters may be approved 
for treatment of existing groundwater sources 
under the influence of surface water under the 
following conditions: 

(1 ) Design standards for gravity filters in 



Rule .0708 of this Section shall apply. 

(2) Overall plant design shall comply with 
Rule .0404 of this Subchapter. 

(3) Special design or operational features or 
modifications shall be provided when 
needed due to water quality or design of 
the proposed filter. 

(4) If the Department determines that the 
proposed water treatment plant employs 
treatment techniques that are consistent 
with this Subchapter, a pilot plant study 
shall be conducted in accordance with 
Rule .0714 of this Section. 

(5) If the pilot study demonstrates to the 
Department that the proposed plant can 
consistently produce water which com- 
plies with all requirements of this Sub- 
chapter, detailed engineering plans and 
specifications for the proposed plant and 
appurtenances shall be presented to the 
Department for review and approval 
prior to construction or letting a contract. 



Statutory Authority G. S. 
P.L. 93-523. 



130A-315; 130A-317; 



.0714 PILOT PLANT STUDIES 

(a) A pilot plant study proposal shall be submit- 
ted to the Department for approval before the 
study is conducted. The following conditions shall 
apply: 

(1) An engineering report shall describe the 
proposed study and shall include the 
information and data to justify use of 
the particular plant to treat the source 
water; 

(2) The proposed plant shall employ treat- 
ment techniques that are consistent with 
this Subchapter; 

(3) The pilot plant shall be of fhe same 
design and operation as the proposed 
plant; 

(4) A protocol for conducting the study 
shall be submitted which includes the 
duration, testing procedures, reporting 
procedures, plant scale and other fac- 
tors which affect the proposed plant 
operation; and 

(5) The study shall be conducted over a 
time sufficient to treat all worst case 
source water conditions expected 
through the year. 

(b) Pilot plant finished water shall not be intro- 
duced to a public water system unless approved by 
the Department. 



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March 15, 1994 



2406 



PROPOSED RULES 



(c) When the proposed plant or pilot plant has 
been tested extensively under worst case conditions 
on similar water and achieved 2.0 log removal of 
Giardia cysts and a maximum of CL5 NTU turbidi- 
ty levels 95 percent of the time In filtered effluent, 
the particular model plant may be proposed with- 
out on-site testing. 

(d) The pilot plant shall comply with the provi- 
sions of Section .0200 of this Subchapter. 

Statutory Authority G.S. 130A-315; I30A-3I7; 
P.L. 93-523. 

.0715 OTHER DESIGN STANDARDS 

In evaluation of water systems or water system 
design features not addressed m this Section, the 
Department shall consider standards from the 
American Water Works Association or Recom- 
mended Standards for Water Works of JO states 
and Ontario. A copy is available for inspection at 
the Public Water Supply Section, 1330 St. Mary's 
Street, Raleigh, North Carolina. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

SECTION .0800 - HYDROPNEUMATIC 
STORAGE TANKS 

.0802 CAPACITIES: DETERMINING PEAK 
DEMAND 

There are charts available from the Plan Review 
Branch, Public Water Supply Section, Division of 
Environmental Health, which shall be used to 
determine the peak demand for residential commu- 
nities., and mobile home parks,, campgrounds, and 
non-transient, non-community water systems . 

Statutory Authority G.S. 130A-315: 130A-317; 
P.L. 93-523. 

.0803 CAPACITIES: DETERMINING 
TOTAL VOLUME 

The total volume of the pressure tank shall be 
calculated by using the principle of Boyle's Law or 
by using the curves indicating air-water volume 
relationships available from the Plan Review 
Branch, Public Water Supply Section, Division of 
Environmental Health. The total volume (gallons) 
shall be not less than 25 times the number of 
connections or 500 gallons, whichever is greater 
for a mobile home park. In the case of a residen- 
tial community (community water system) the total 
volume shall not be less than 40 times the number 
of connections or 500 gallons, whichever is great- 



er. In the case of campgrounds, the total volume 
shall not be less than 10 times the number of 
connections or 500 gallons, whichever is greater. 

Statutory Authority G.S. 130A-315; 130A-317; 
PL 93-523. 

.0804 CAPACITIES: GROUND STORAGE 
PLUS HYDROPNEUMATIC TANKS 

When ground level storage tanks and 
high-service pumps are to be used, 
hydropneumatic tanks shall be sized in relation to 
peak demand and the high-service pump capacity 
in accordance with the procedur e s outlined in 
.0801 to .0803 of this Section . 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

.0805 CAPACITIES: ELEVATED STORAGE 

(a) Where feasible, elevated storage capacity 
s hould shall meet the requirements of Fire Insur- 
ance Rating Bureau. 

(b) The minimum capacity of elevated storage in 
a s mall municipality s hould be 75,000 gallons or 
a one day s upply, whichever is greater. 

{&) £b] The elevated storage for a larg e munici- 
pality should shall be sufficient to minimize the 
effect of fluctuating demand plus provide a reason- 
able reserve for fire protection^ but not be less 
than 75,000 gallons in capacity . The combined 
elevated — and — ground s torage — of finished — water 
should be at least one day's supply. 

(c) The combined elevated and ground storage 
of the finished water for community and non- 
transient, non-community water systems shall be a 
minimum of one-half day's supply of the average 
annual daily demand. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

SECTION .1000 - DISINFECTION OF 
WATER SUPPLY SYSTEMS 

.1002 DISINFECTION OF WELLS 

(a) After water supply wells have been cleaned 
of foreign substances, including sediment, grease 
and oil, the wells shall be disinfected by the 
addition of chlorine solution in concentrations 
sufficient to produce a minimum chlorine residual 
of at lea s t 50 100 milligrams per liter (or ppm) in 
the entire water column within the well casing. 

(b) The chlorine solution shall remain in the 
well for a period of 24 hours. Then the The well 



2407 



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March 15, 1994 



PROPOSED RULES 



shall then be pumped until the water is free of 
chlorine. 

(c) A representative sample or samples of the 
water shall be collected and analyzed by a certified 
laboratory . If bacteriological tests indicate that the 
water is satisfactory, the well may be placed in 
service. 



Statutory Authority 
P.L. 93-523. 



G.S. 130A-315; 130A-317; 



.1004 DISINFECTION OF FILTERS 

(a) After filters have been thoroughly 
backwashed to remove dust, silt and other foreign 
matter the entire filter (including filter media, 
supporting material and underdrain system) shall 
be disinfected by application of a chlorine solution 
having a minimum concentration of at loast 50 
milligrams per liter (or ppm). 

(b) The solution shall be dispersed throughout 
the filter bed and remain in contact for a period of 
at least minimum of 24 hours. 

(c) For treatment equipment that cannot tolerate 
chlorine, alternate disinfection procedures as 
recommended by the equipment manufacturer shall 
be reviewed by the Department. 



Statutory Authority 
P.L. 93-523. 



G.S. 130A-315; 130A-317; 



SECTION .1100 - PROTECTION OF 
UNFILTERED PUBLIC WATER SUPPLIES 

.1101 WATERSHED AREA 

No dwelling house, pasture, hog lot, cattle or 
horse barn, or other areas where domestic animals 
are confined or permitted, and no parks, camping 
grounds or other places of public assembly shall be 
permitted within the watershed area of an unfil- 
tered community public water system. The water- 
shed area shall be posted in accordance with Rule 
.1107 of this Section. 



Statutory Authority 
PL. 93-523. 



G.S. 130A-315; 130A-320; 



.1102 AUTHORIZED PERSONS WITHIN 
WATERSHED AREA 

No persons, other than a duly authorized repre- 
sentative of the person or company supplying the 
water from an unfiltered community public water 
system or a representative of the local health 
department, or the Department, or a game warden, 
state forester or law enforcement officer, or a 
representative of the U.S. Park Service or U.S. 



Forest Service shall be permitted within the area of 
the watershed of an unfiltered community public 
water system at any time and for any purpose 
except as may be allowed under special permission 
issued by the Department. 



Statutory Authority G. S. 
P.L. 93-523. 



130A-315; 130A-320; 



. 1 1 05 PROHIBITED CONDUCT ON 
WATERSHED 

No timbering, lumbering, construction, or 
reforestation operations shall be permitted on the 
watershed of an unfiltered community public water 
system unless the Department determines that the 
project will properly provide for the sanitary and 
physical protection of the water supply during such 
operations. The applicant shall submit a project 
plan describing the nature and scope of the project 
and precautions for protection of the water supply. 



Statutory Authority G. S. 
PL. 93-523. 



130A-315; 130A-320; 



. 1 1 07 WATERSHED BOUNDARY SIGNS 

Signs advising the public of the watershed 
boundaries and prohibiting trespassing by all 
unauthorized persons shall be posted at the water 
works intake and along the boundaries and at 
entrances and accesses throughout the watershed 
area of an unfiltered community public water 
system. It shall be the duty of the watershed 
inspectors and other water supply officials to see 
that these signs are posted, replaced, and renewed 
when necessary. 



Statutory Authority 
P.L. 93-523. 



C.S. 130A-315; 130A-320; 



SECTION .1200 - PROTECTION OF 
FILTERED WATER SUPPLIES 

.1201 RECREATIONAL ACTIVITIES 

(a) No recreational activities shall be permitted 
on a class I or class II reservoir without a resolu- 
tion by the commission or without approval by the 
Department. The Department may approve recre- 
ational events on a class I or class II reservoir 
which last one day or less upon a showing that the 
recreational event will not adversely affect the 
quality of the water to the point of rendering it 
unsatisfactory as a source for a community public 
water system. All other recreational activities on 
a class I or class II reservoir shall be permitted 
only upon a resolution by the commission authoriz- 



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March 15, 1994 



2408 



PROPOSED RULES 



ing the activity. 

(b) Upon request for such a resolution, the 
Division shall make or cause to be made a thor- 
ough investigation of the quality of the water to 
determine the extent to which the proposed recre- 
ational activities would adversely affect the quality 
of the water. If, after such investigation, the 
Commission for Health Services is of the opinion 
that the proposed recreational activities will not 
adversely affect the quality of the water to the 
point of rendering it unsatisfactory as a source of 
community public water system, the Commission 
for Health Services may adopt a resolution autho- 
rizing the proposed recreational activities. 

(c) Only those recreational activities specifically 
authorized in the resolution will be allowed. No 
recreational activities shall be permitted within 50 
yards of any community public water system 
intake. 

Statutory Authority G.S. 130A-315; 130A-320; 
P.L. 93-523. 

.1203 MAINTENANCE OF PARKS 

Parks or other places of resort for the use and 
entertainment of the public which may be estab- 
lished and maintained on a watershed shall be 
provided with sanitary facilities for the collection 
of garbage and disposal of sewage. Such facilities 
must, in the opinion of the Division, not cause 
deterioration of water quality and must meet 
requirements for approval by the Division of 
Environmental Health. Persons in charge of such 
facilities must maintain strict compliance with the 
Commission for Health Services' sanitation re- 
quirements at all times in order to prevent the 
pollution of the community public water system. 

Statutory Authority G.S. 130A-315; 130A-320; 
P.L. 93-523. 

.1207 ANIMALS IN RESERVOIR 

The watering, washing or wallowing of any 
horses, mules, cattle, or domestic animals shall not 
be permitted in or along the margin of any class I 
or class II reservoir. Dome s tic or farm animals 



shall be re s trained from access to an area within 
50 feet of the reservoir at normal full level. The 
supplier of water may permit domestic animals 
within 50 feet of normal pool elevation ]f the 
animal is under direct supervision by a person and 
the activity is regulated by the supplier of water to 
ensure that water quality is not adversely affected . 

Statutory Authority G.S. 130A-315; 130A-320; 



P.L. 93-523. 

.1209 UNTREATED DOMESTIC SEWAGE 
OR INDUSTRIAL WASTES 

No treated or untreated domestic sewage, treated 
or untreated industrial waste or by-products shall 
be stored on the watershed of or discharged into 
any public water supply reservoir or stream tribu- 
tary to that reservoir whose waters are classified as 
WS-I. No untreated domestic sewage or industrial 
waste by-products shall be discharged into any 
public water supply reservoir or stream classified 
as WS-II, ef WS-IIU WS-IV, or WS-V . No 
hazardous waste, industrial by-products, treated or 
untreated domestic sewage shall be stored in the 
watershed of a Class I or Class II water supply 
reservoir, without the approval of the Division. 
No hazardous waste or industrial by-products shall 
be stored in the watershed of a Cla s s WS-II^ &f 
€4ass WS-IIL WS-IV, or WS-V stream unless 
precautions are taken to prevent its being spilled 
into or otherwise entering the raw water supply. 
No wastewater treatment plant effluent shall be 
discharged into any public water supply reservoir 
or stream classified as WS-IL. ef WS-IIL. WS-IV, 
or WS-V without the approval of the Division. 

Statutory Authority G.S. 130A-315; 130A-320; 
P.L. 93-523. 

.1211 GROUND ABSORPTION SEWAGE 
COLLECTION: TREATMENT/DISP 
SYSTEMS 

(a) No facility, including but not limited to a 
residence, mobile home, mobile home park, 
multi-unit building or dwelling, place of business 
or place of public assembly on a lot located on a 
watershed of a class I or class II reservoir or on 
the watershed of the portion of a stream classified 
as WS-I, WS-II, ©f WS-IIU WS-IV, or WS-V 
extending from a class I reservoir to a downstream 
intake of a water purification plant shall use a 
ground absorption sewage disposal system unless 
all of the following criteria are met: 

( 1 ) The lot includes at least 40,000 square 
feet or more , except as provided in 
Subparagraphs (a)(2) and (a)(3) of this 
Rule ; 

(2) The lot shall include enough total area 
to equal an average of 40.000 square 
feet per residential dwelling unit for a 
multiple unit residential building or 
mobile home park; 

(3) The lot shall include enough total area 
to equal an average of 40,000 square 



2409 



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March 15, 1994 



PROPOSED RULES 



feet for each business within a multiple 
unit place of business or place of public 
assembly; 

(4) The lot for any business or place of 
public assembly for which the anticipat- 
ed wastewater generated exceeds 1250 
gallons per day will require an addition- 
al 40,000 square feet of area fef p_er 
each additional 1 250 gallons per day or 
portion thereof. The anticipated waste- 
water generated shall be determined in 
accordance with 15A NCAC 18A 
.1949; 

(5) The lot size requirement shall be deter- 
mined by excluding streets; and 

(6) Compliance with all other applicable 
state and local rules and laws is 
achieved. 

(b) The Director of the Division or his autho- 
rized representative, shall have authority, when 
special local factors permit or require it in order to 
protect the public health adequately and to ensure 
proper health and sanitary conditions, to increase 
the lot size requirements in particular cases upon 
a determination based on any of the following 
factors : 

(1) size of the reservoirs; 

(2) quantities and characteristics of the 
wastes; 

(3) type of business, use, or activity; 

(4) coverage of lot area by structures, 
parking lots and other improvements; 
and 

(5) type and location of the water supply. 

(c) The requirements of this Rule do not apply 
to those portions of a water supply reservoir 
watershed which are drained by class B or cla ss C 
streams waters classified other than for water 
supply use (WS-I, WS-II, WS-III, WS-IV, and 
WS-V) . These requirements become effective 
whenever funds have been appropriated either for 
purchase of land or for construction of a class I or 
class II reservoir. 

Statutory Authority G.S. 130A-315; 130A-320; 
PL. 93-523. 

SECTION .1300 - OPERATION OF PUBLIC 
WATER SUPPLIES 

.1301 OPERATION REQUIRING 
DISINFECTION ONLY 

(a) Operator in Charge. The operator in charge 
of a community public surface water system 
requiring disinfection shall be capable of comput- 



ing chlorine dosages and other chemical dosages 
that may be applied to the water. The operator 
shall be familiar with the entire water system, 
including pipelines, chlorinators and other appurte- 
nances pertaining to the operation of the entire 
system. The operator shall hold a valid certificate 
issued by the North Carolina Water Treatment 
Facility Operators Certification Board. 

(b) Tests; Reports. The operator shall make 
adequate residual chlorine tests and other applica- 
ble tests at least daily and shall report the results 
of the tests to the Public Water Supply Section in 
a monthly report which shall include pertinent 
information required on forms provided by the 
Department. Copies of this report form indicating 
the required information may be obtained from the 
Public Water Supply Section. A copy of each 
monthly report shall be submitted by the tenth day 
of the following month to the Public Water Supply 
Section. 

Statutory Authority G.S. 130A-315; 90A-29; PL. 
93-523. 

.1302 OPERATION OF FILTERED PUBLIC 
WATER SYSTEMS 

(a) Operator in Charge. The person in responsi- 
ble charge of operation of a community public 
water system filtration plant where raw water is 
obtained from a class WS-I, WS-II, <w WS-III, 
WS-IV, or WS-V stream as classified by the 
Division of environmental management Environ- 
mental Management and removal of dissolved 
matter or suspended matter is required shall hold 
an appropriate valid certificate issued by the North 
Carolina Water Treatment Facility Operators 
Certification Board. 

(b) Tests; Forms. Adequate bacteriological and 
chemical tests and analysis of the water shall be 
made at least daily when the plant is operating and 
shall be reported to the Public Water Supply 
Section, in a monthly report which s hall include 
pertinent information required on forms provided 
by the Department. Copies of report forms indi- 
cating the required information may be obtained 
from the Public Water Supply Section. A copy of 
each monthly report shall be submitted by the tenth 
day of the following month to the Public Water 
Supply Section. 

(c) Operation. An operator shall be on duty at 
the treatment facility whenever the treatment 
facility is in operation. 

Statutory Authority G.S. 130A-315; 90A-29; PL. 
93-523. 



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2410 



PROPOSED RULES 



.1303 OPERATION OF PUBLIC WATER 
SYSTEM WELLS 

(a) Operator in Charge. The operator of a 
community and non-transient, non-community 
water system well shall be capable of computing 
chlorine dosages and other chemical dosages which 
are applied to the water when such treatment is 
required. The operator shall be familiar with the 
entire water system, including pipelines, pumps, 
chlorinators, and other appurtenances pertaining to 
the operation of the entire water system. The 
operator shall hold a valid certificate issued by the 
North Carolina Water Treatment Facility Operators 
Certification Board. 

(b) Tests; Forms. When application of chlorine 
and other chemicals are required, the operator 
shall make required residual chlorine tests and 
other tests at least daily and shall report his results 
to the Public Water Supply Section, in a monthly 
report which shall include pertinent information 
required on forms provided by the Divi s ion De- 
partment . Copies of this report form indicating 
the required information may be obtained from the 
Public Water Supply Section. A copy of each 
monthly report shall be submitted by the tenth day 
of the following month to the Public Water Supply 
Section. 

Statutory Authority G.S. 130A-315; 90A-29; P.L. 
93-523. 



which i s adopted are incorporated by reference m 
accordance with G.S. — 150B 1 4 (c) including any 
subsequent amendments or editions or other proce- 
dures approved by the Secretary. This material is 
available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Environmental Health, 1330 Saint 
Mary's Street, Raleigh, North Carolina. Non- 



members may obtain copies from the American 
Water Works Association, Information Services, 
6666 West Quincy Avenue, Denver, Colorado 
80235 at a cost of one hundred sixty dollars 
($160.00). 

(e) Accurate records of the amount of fluoride 
applied to the water and the results of all fluoride 
analyses shall be recorded on forms approved by 
the Department and submitted to the Department 
on or before the 15th day of the following month 
weekly . 

(f) The quality of the fluoride chemical applied 
to the water shall be approved by the Department. 
The manufacturer shall submit a certified copy of 
the chemical analysis of the product offered for 
sale. Test for the purity of the chemical shall 
include the U.S. Pharmacopoeia tests for heavy 
metals which is adopted in accordanee with G.S. 
150B 1 4 (c) are incorporated by reference including 
any subsequent amendments or editions . 

Statutory Authority G.S. 130A-316. 



SECTION .1400 - FLUORIDATION OF 
PUBLIC WATER SUPPLIES 



SECTION .1500 - WATER QUALITY' 
STANDARDS 



. 1 406 CONTROL OF TREATMENT 
PROCESS 

(a) The treatment process shall result in the 
adjustment of fluoride ion (F) in the treated water 
to 1 .0 mg/liter. 

(b) A water treatment plant operator, having 
qualifications acceptable to the controlling health 
agencies, shall conduct the necessary chemical 
analyses and supervise application of the fluoride. 

(c) An adequate number of samples shall be 
collected and analyzed from points before and after 
fluoridation and from one or more points in the 
distribution system. The minimum number of 
control tests and the number of check samples to 
be collected and submitted to the Division of 
Laboratory Services will be determined by the 
controlling health agencies in each instance. 

(d) The fluoride content of the water shall be 
determined in accordance with either the procedure 
given in the latest edition of "Standard Methods 
for the Examination of Water and Wastewater" 



.1507 CORROSION CONTROL AND LEAD 
AND COPPER MONITORING 

(a) Control and adjustment of pH shall be 
provided for community water systems having 
water with a pH below 6.5; such control and 
adjustment to be approved by the Department. 
Most waters are corrosive in varying degrees at 
pH 6.5 and slightly above and such waters may 
have pH adjustment. 

(b) The provisions of 40 C.F.R. 141.42 are 
hereby incorporated by reference including any 
subsequent amendments and editions. This materi- 
al is available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Environmental Health, 1330 Saint 
Mary's Street, Raleigh, North Carolina. Non- 
members may obtain copies from the American 
Water Works Association, Information Services, 
6666 West Quincy Avenue, Denver, Colorado 
80235 at a cost of fifteen dollars ($15.00) up to 20 
pages and thirty cents ($0.30) per page for each 



2411 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



additional page. 

(c) The provisions of 40 C.F.R. 141, Subpart I - 
Control of Lead and Copper are hereby incorpo- 
rated by reference including any subsequent 
amendments and editions. This material is avail- 
able for inspection at the Department of Environ- 
ment, Health, and Natural Resources, Division of 
Environmental Health, 1330 Saint Mary's Street, 
Raleigh, North Carolina. Non-members may 
obtain copies from the American Water Works 
Association, Information Services, 6666 West 
Quincy Avenue, Denver Colorado 80235 at a cost 
of fifteen dollars ($15.00) up to 20 pages and 
thirty cents ($0.30) per page for each additional 
page. 

(d) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as 
defined by OS. 130A-313( 10), but do not serve 
25 or more of the same persons more than six 
months per year shall be exempt from the provi- 
sions of this Rule. 

Authority G.S. 130A-315; PL. 93-523; 40 C.ER. 
141. 

. 1 508 INORGANIC CHEMICAL SAMPLING 
AND ANALYSIS 

The provisions of 40 C.F.R. 141.23 are hereby 
incorporated by reference including any subsequent 
amendments and editions. This material is avail- 
able for inspection at the Department of Environ- 
ment, Health, and Natural Resources, Division of 
Environmental Health, 1330 Saint Mary's Street, 
Raleigh, North Carolina. Non-members may 
obtain copies from the American Water Works 
Association, Information Services, 6666 West 
Quincy Avenue, Denver, Colorado 80235 at a cost 
of fifteen dollars ($15.00) up to 20 pages and 
thirty cents ($0.30) per page for each additional 
page. In addition, two or more water systems that 
are adjacent and are owned or operated by the 
same supplier of water and that together serve 15 
or more service connections or 25 or more persons 
shall conform to the following sampling schedule. 
A water supplier shall submit samples every three 
years from each section of the water system 
supplied from a separate source. Travel trailer 
parks, campgrounds, and marina slips that are 
community water systems as defined by G.S. 
130A-3 13( 10), but do not serve 25 or more of the 
same people more than six months per year shall 
monitor as specified for transient non-community 
water systems. 

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 



141. 



.1509 SPECIAL MONITORING FOR 
SODIUM 

(a) Suppliers of water for community water 
systems shall collect and analyze one sample per 
plant at the entry point of the distribution system 
for the determination of sodium concentration 
levels. Samples must be collected and analyzed 
annually for systems utilizing surface water sourc- 
es in whole or in part, and at least every three 
years for systems utilizing solely ground water 
sources. The minimum number of samples re- 
quired to be taken by the system shall be based on 
the number of treatment plants used by the system, 
except that multiple wells drawing raw water from 
a single aquifer may, with Department approval, 
be considered one treatment plant for determining 
the minimum number of samples. The supplier of 
water may be required by the Department to 
collect and analyze water samples for sodium more 
frequently in locations where the sodium content is 
variable. 

(b) The supplier of water shall report to the 
Department the results of the analyses for sodium 
within the first 10 days of the month following the 
month in which the sample results were received 
or within the first 10 days following the end of the 
required monitoring period as stipulated by the 
Department, whichever is first. If more than 
annual sampling is required the supplier shall 
report the average sodium concentration within 10 
days of the month following the month in which 
the analytical results of the last sample used for the 
annual average was received. 

(c) The Department shall notify appropriate 
local health officials of the sodium levels found in 
community water systems. 

(d) Analyses conducted to determine compliance 
with this Rule shall be made in accordance with 
methods adopted by the United States Environmen- 
tal Protection Agency and codified as 40 C.F.R. 
141.41(d) which « are hereby adopted incorporat- 
ed by reference m — accordance — with — &-Sr 
150B 1 4 (c) including any subsequent amendments 
and editions . A list of these method s is available 
from — the — Public — Water Supply — Section. This 
material is available for inspection at the Depart- 
ment of Environment, Health, and Natural Re- 
sources, Division of Environmental Health, 1330 
Saint Mary's Street, Raleigh, North Carolina. 
Non-members may obtain copies from the Ameri- 
can Water Works Association, Information Servic- 



es, 6666 West Quincy Avenue, Denver, Colorado 
80235 at a cost of fifteen dollars ($15.00) up to 20 



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March 15, 1994 



2412 



PROPOSED RULES 



pages and thirty cents ($0.30) per page for each 
additional page. 

(e) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as 
defined by G.S. 130A-313( 10). but do not serve 
25 or more of the same persons more than six 
months per year shall be exempt from the provi- 
sions of this Rule. 

Authority G.S. 130A-315: PL. 93-523; 40 C.F.R. 
141. 

.1511 CONCENTRATION OF IRON 

(a) The requirements of this Rule apply only to 
community water systems. A community water 
system which has an iron concentration in excess 
of 0.30 mg/1 shall provide approved treatment to 
control the water quality. Analysis of samples 
shall be made on an as needed basis determined by 
the Department. Such need basis shall include, but 
not be limited to, addition of a new well or other 
raw water source, approval of a new community 
water system, approval of an existing system not 
previously approved, or problems and complaints 
of water quality normally associated with iron 
concentration. 

(b) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as 
defined by OS. 130A-3 13(10), but do not serve 
25 or more of the same persons more than six 
months per year shall be exempt from the provi- 
sions of this Rule. 

Authority- G.S. J30A-315; P.L. 93-523; 40 C.F.R. 
141. 

.1512 CONCENTRATION OF MANGANESE 

(a) The requirements of this Rule apply only to 
community water systems. A community water 
system which has a manganese concentration in 
excess of 0.05 mg/1 shall provide approved treat- 
ment to control the water quality. Analysis of 
samples shall be made on an as needed basis 
determined by the Department. Such need basis 
shall include, but not be limited to. addition of a 
new well or other raw water source, approval of a 
new community water system, approval of an 
existing system not previously approved, or prob- 
lems and complaints of water quality normally 
associated with manganese concentration. 

(b) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as_ 
defined by OS. 130A-3 1 3( 10), but do not serve 
25 or more of the same persons more than six 
months per year shall be exempt from the provi- 



sions of this Rule. 



Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

.1516 SPECIAL MONITORING FOR 
INORGANIC AND ORGANIC 
CHEMICALS 

(a) The provisions of 40 C.F.R. 141.40 are 
hereby incorporated by reference including any 
subsequent amendments and editions, except that 
40 C.F.R. 141.40(n)(10) is not adopted. This 
material is available for inspection at the Depart- 
ment of Environment, Health, and Natural Re- 
sources, Division of Environmental Health, 1330 
Saint Mary's Street, Raleigh, North Carolina. 
Non-members may obtain copies from the Ameri- 
can Water Works Association. Information Servic- 
es, 6666 West Quincy Avenue, Denver, Colorado 
80235 at a cost of fifteen dollars ($15.00) up to 20 
pages and thirty cents ($0.30) per page for each 
additional page. 

(b) To comply with the monitoring requirements 
of this Rule a community water system or 
non-transient, non-community water system serv- 
ing fewer than 150 service connections shall take 
a single water sample to be analyzed for inorganic 
and organic chemicals. 

(c) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as 
defined by G.S. 130A-313( 10), but do not serve 
25 or more of the same persons more than six 
months per year shall be exempt from the provi- 
sions of this Rule. 

Authority- G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

.1519 MONITORING FREQUENCY FOR 
RADIOACTIVITY 

(a) Monitoring requirements for gross alpha 

particle activity, radium 226 and radium 228 in 
community systems: 

f+-) Initial sampling to determine compli 

ancc with Rule . 1520 s hall begin within 
two year s of the effective date of the 
National Primary Drinking Water Reg 
ulations ( 4 C.F.R. 1 4 1.26, off. June 
2-4^ — 1977) and the analysis — s hall — be 
completed — within three — year s of the 
effective date of the National Primary 
Drinking Water Regulations ( 4 C.F.R. 
1 4 1.26. off. June 2 4 . 1977). Compli 
ance s hall be based on the analysis of 
an annual composite of four con s ecutive 



« 



% 



2413 



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March IS. 1994 



PROPOSED RULES 



quarterly samplca or the average of the 

analyse s — of four sample s obtained at 

quarterly intervals: 

{A) — A gross alpha particle activity mea 

surement may be substituted for the 

required radium 226 and radium 228 

analysis, provided that the mea s ured 

gross alpha particle activity doc s not 

exceed 5 pCi/1 at a confidence level 

of .95 percent (1.65* where * i s the 

standard deviation of the net counting 

rate of the — s ample). I-n — localities 

where radium 22 8 may be present in 
drinking water, the Department may 
require radium 226 and/or radium 22 8 
analyses when the gross alpha particle 
activity exceeds 2 pCi/1. 
(B) — When the gross alpha particle activity 
exceeds — § — pCi/1, — the — s ame — ef — an 
equivalent sample s hall be analyzed 
for radium 226. — If the concentration 
of radium 226 exceed s — 3 pCi/1 the 
same or an equivalent sample s hall be 
analyzed for radium 22 8 . 

f2-) Suppliers of water shall monitor at least 

once — every — four year s — following the 
procedure required — by — (a)(1) of this 
Rule. — At the discretion of the Secrc 
tary. when an annual record taken in 
conformance with (a)( 1 ) of this Rule 
has establi s hed that the average annual 
concentration is le ss than half the maxi 
mum contaminant level s e s tabli s hed by 
.1520 of thi s Section, analysis of a 
s ingle s ample may be substituted for the 
quarterly sampling procedure required 
by (a)(1) of this Rule: 
{A) — More frequent monitoring shall be 
conducted when ordered by the De 
partment in the vicinity of mining or 
other operation s which may contribute 
alpha particle radioactivity to either 
surface or ground water sources of 
drinking water; 
fB) — A supplier of water shall monitor in 
conformance with (a)(1) of thi s Rule 
within one year of the introduction of 
a new water s ource for a community 
water system. — More frequent moni 
toring s hall be conducted when or 
dered by the Department in the event 
of possible — contamination or when 
changes in the distribution s y s tem or 
treatment processing occur which may 
increase the concentration of radioac 



tivity in finished water; 
{€) — A community water system using two 
ef — more — s ources — having — different 
concentrations of radioactivity s hall 
monitor source water, in addition to 
water from a free flowing tap, when 
ordered by the Department; 
{&) — Monitoring for compliance with . 1520 
of thi s Section after the initial period 
need not include radium 228 except 
when — required — by the — Department, 
provided — that — the — average — annual 
concentration of radium 228 has been 
a ss ayed at least once using the quar 
terly s ampling procedure required by 
(a)(1) of this Rule; 
fE) — Suppliers of water shall conduct annu 
al monitoring of any community water 
s ystem in which the radium 226 con 
centrat i on — exceeds — 3 — pCi/1, — when 
ordered by the Secretary. 

(3-) If the average annual maximum contam 

inant — level — fer — gros s — alpha — particle 
activity or total radium as set forth in 
.1520 of thi s Section is exceeded, the 
supplier of a community water s y s tem 
shall — g+ve — notice — to — the — Department 
pursuant to .1525 of thi s Section and 
notify the public a s required by Rule 
.1523 of thi s Section. — Monitoring at 
quarterly intervals shall be continued 
until the annual average concentration 
no longer exceed s the maximum con 
taminant level — or until — a monitoring 
schedule as a condition to a variance, 
exemption or enforcement action shall 
become effective. 

ih) Monitoring — requirements — fef — man made 

radioactivity in community water s y s tem s : 

{+) Within two years of the effective date 

of the National Primary Drinking Water 
Regulations ( 4 C.F.R. 1 4 1.26. eff. 
June 2 4 . 1977). s y s tems u s ing surface 
water sources and serving more than 
100.000 per s ons and such other com 
munity water systems as arc designated 
by the Secretary shall be monitored for 
compliance with .1521 of thi s Section 
by — analysis — of a composite of four 
consecutive quarterly s ample s or analy 
s i s of four quarterly samples. — Compli 
ancc with .1521 of this Section may be 
assumed without further analy s is if the 
average annual concentration of gross 
beta particle activity — i s le ss than 50 



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NORTH CAROLINA REGISTER 



March 15, 1994 



2414 



PROPOSED RULES 



pCi/1 and if the average annual conccn 
trations of tritium and strontium 00 are 
less thun those listed — in Table A in 
.1521 of this Section provided that if 
both radionuclides are present the sum 
of their annual dose equivalents to bone 

marrow s hall n-et exceed 4 

millirem/year: 
<-A-) — If the — gro ss — beta — particle — act i vity 
exceeds 50 pCi/1, an analy s i s of the 
sample must be performed to i dentify 
the — major — radioactive — con s tituent s 
present and the appropriate organ and 
tota l body do s e s s hall be calculated to 
determine compliance with .152 1 of 
thi s Section; 
{&) — Suppliers of water shall conduct addi 
tional monitoring, a s ordered by the 
Secretary, to determine the concentra 
ttefi — ef- — man made — radioactivity — m 
principal watershed s de s ignated by the 
Department; 
{Gj — At the discretion of the Secretary, 
s upplier s — ef- — water — utilizing — &fl4y 
ground — waters — may — be — required — te 
monitor for man made radioactivity. 

f2-) After the initial analysis required by 

(b)(1) of thi s Rul e , s upplier s of water 
shall monitor at least every four yeare 
following the procedure given in (b)(1) 
of thi s Rule; 

0) Within two years of the effective date 

of the National Primary Drinking Water 
Regulations ( 4 C.F.R. 1 4 1.26, off. 
June — 34^ — 1077) — the — supplier of any 
community water s y s tem de s ignated by 
the Secretary a s utilizing waters con 
taminated — by — effluents — f-refH — nuclear 
facilities s hall initiate quarterly monitor 
ing for gross beta partic l e iodine 131 
radioactivity and annual monitoring for 
s trontium 00 and tritium: 
{A) — Quarterly monitoring for gross beta 
partic l e activity s hall be ba s ed on the 
analy sis of monthly s ample s or the 
analy s i s — ef- — a — compo s ite — ef- — three 

monthly — s ample s . The — former — is 

recommended. If the — gro ss — beta 

particle activity in a sample exceeds 
15 pCi/1, the s ame or an equivalent 

s ample s hall be analyzed fef 

strontium 80 and ce s ium 13 4 . — If the 
gross beta particle activity exceeds 50 
pCi/1. an analy s i s of the sample mu s t 
be performed to identify the major 



radioactive con s tituents — present and 
the appropriate organ and total body 
doses shall be calculated to determine 
compliance with .1521 of this Section; 

f&) For iodine 131, a composite of five 

con s ecutive daily samples — shall be 

analyzed — once — eaeh — quarter. As 

ordered by the Secretary, more fre 
quent monitoring s hall be conducted 
when iodine 131 i s identified in fin 
i shed water; 
(€-) — Annual — monitoring for s trontium 00 
aftd — tritium — s hall — be — conducted — by 
mean s of the analysis of a composite 
of four consecutive quarter l y samples 
or analy s i s of four quarterly samples. 
The latter procedure is recommended; 
f&) — The Secretary may allow the substitu 
t+en — ef- — environmental — s urveillance 
data taken in conjunction with a nu 
clear facility for direct monitoring of 
a — man made — radioactivity — by — the 
s upplier of water where the Secretary 
determines such data i s applicable to 
a particular community water system. 

{4} If the average annual maximum contain 

inant level for man made radioactivity 
s et forth in — .1521 — of this Section — is 
exceeded, the operator of a community 
water sy s tem shall give notice to the 
Department pur s uant to Ru l e .1525 of 
thi s Section and to the public as re 
quired by Rule .1523 of thi s Section. 
Monitoring at monthly intervals shall he 
continued — tmtH — the — concentrat i on — ne 
longer exceed s the maximum contami 
nant l evel or until a monitoring sched 
ule as a condition to a variance, exemp 
tion or enforcement action shall become 
effective. 
(a) The provisions of 40 C.F.R. 141 .26 are 
hereby incorporated by reference including any 
subsequent amendments and editions. This mated - 
al is available for inspection at the Department of 
Environment, Health, and Natural Resources. 
Division of Environmental Health, 1330 Saint 
Mary's Street, Raleigh, North Carolina. 
Non-members may obtain copies from the Ameri- 
can Water Works Association, Information Servic- 
es, 6666 West Quincy Avenue, Denver, Colorado 
80235 at a cost of fifteen dollars ($15.00) up to 20 
pages and thirty cents ($0.30) per page for each 
additional page. 

fe) {b} An adjacent water system shall conform 
to the following sampling schedule rather than the 



2415 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



schedule set forth in Paragraphs (a) and (b) of this 
Rule. A water supplier shall take samples for 
gross alpha particle activity, radium-226 and 
radium-228, and for man-made radioactivity from 
the water system when the Secretary determines 
that the system is in an area subject to radiological 
contamination. When the sampling is required, a 
water supplier shall submit samples every four 
years from each section of the water system 
supplied from a separate source. 

(c) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as 
defined by GJL 130A-313( 10), but do not serve 
25 or more of the same persons more than six 
months p er year shall monitor the same as required 
by adjacent systems in Paragraph (b) of this Rule. 



millircm/ycar. 

fb) — Except for the radionuclides li s ted in Table 
A, the concentration of man made radionuclide s 
cau s ing four rem total body or organ do s e cquiva 
l ents shall be calculated on the basis of a two liter 
per day drinking water intake using the 16 8 hour 
data li s ted in "Maximum Permis s ible Body Bur 
dens and Maximum Permissible Concentration of 
Radionuclides in Air or Water for Occupational 
Exposure" NBS HANDBOOK 69 as amended 
August 1963, U.S. Department of Commerce. — M 
two or more radionuclides arc pre s ent, the sum of 
their annual dose equivalent to the total body or to 
any organ shall not exceed 4 millircm/ycar: 

TABLE A 



Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

. 1520 MAXIMUM CONTAMINANT LEVELS 
FOR RADIUM 

The following are the maximum contaminant 
levels — for radium 226, — radium 22 8 , — and — gross 
alpha particle radioactivity in community water 
s ystem s : 

fB combined radium 226 and radium 22 8 — 5 

pCi/1; 

f2-) gross alpha particle activity — (including 

radium 226 — b«t — excluding — radon — and 
uranium) — 15 pCi/1 . 
The provisions of 40 C.F.R. 141 .15 are hereby 
incorporated by reference including any subsequent 
amendments and editions. This material is avail- 
able for inspection at the Department of Environ- 
ment, Health, and Natural Resources, Division of 
Environmental Health, 1330 Saint Mary's Street, 
Raleigh, North Carolina. Non-members may 



obtain copies from the American Water Works 
Association, Information Services, 6666 West 
Quincy Avenue, Denver, Colorado 80235 at a cost 
of fifteen dollars ($15.00) ug to 20 pages and 
thirty cents ($0.30) per page for each additional 
page. 

Authority G.S 130A-315; PL. 93-523; 40 C.F.R. 
141. 

. 1 52 1 MAXIMUM CONTAMINANT LEVELS 
FOR MAN-MADE RADIONUCLIDES 

{*) — The averag e annual concentration of beta 
particle and photon radioactivity from man made 
radionuclide s in community water system s shall 
not produce an annual dose equivalent to the total 
body — or any — internal — organ — greater than — few 



Average annual concentration s assumed to 

produce a total body or organ dose of 4 

mrem/yr. 

Radionuclide Critical Organ per liter 



Tritium 



Total Body 



Strontium 90 Bone Marrow 



20,000 



-8 



The provisions of 40 C.F.R. 141.16 are hereby 
incorporated by reference including any subsequent 
amendments and editions. This material is avail- 
able for inspection at the Department of Environ- 
ment, Health, and Natural Resources, Division of 
Environmental Health, 1330 Saint Mary's Street, 
Raleigh, North Carolina. Non-members may 
obtain copies from the American Water Works 
Association, Information Services, 6666 West 
Quincy Avenue, Denver, Colorado 80235 at a cost 
of fifteen dollars ($15.00) up to 20 pages and 
thirty cents ($0.30) per page for each additional 
page. 

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

. 1 533 TOTAL TRIHALOMETHANES 
SAMPLING AND ANALYSIS: 
LESS THAN 10,000 

(a) Community and non-transient 

non-community water systems which serve a 
population of less than 10,000 individuals and 
which add a disinfectant (oxidant) to the water in 
any part of the drinking water treatment process 
shall analyze for total trihalomethanes (TTHMs) in 
accordance with this Rule. Analysis shall begin 
not later than the quarter beginning January 1 , 



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NORTH CAROLINA REGISTER 



March 15, 1994 



2416 



PROPOSED RULES 



1992. For the purpose of this Rule, the minimum 
number of samples required to be taken by the 
system shall be based on the number of treatment 
plants used by the system, except that multiple 
wells drawing raw water from a single aquifer 
may, with Department approval, be considered one 
treatment plant for determining the minimum 
number of samples. All samples taken within an 
established frequency shall be collected within a 24 
hour period. 

(b) For all community and non-transient 
non-community water systems utilizing surface 
water sources in whole or in part, and for all 
community and non-transient non-community water 
systems utilizing only ground water sources, 
analyses for TTHMs shall be made as follows: 

( 1 ) Analyses shall be performed at quarter- 
ly intervals on at least one water sample 
taken at a location within the distribu- 
tion system reflecting the maximum 
residence time of the water in the sys- 
tem. The results of all analyses per 
quarter shall be reported to the Depart- 
ment within 30 days of the system's 
receipt of such results. If more than 
one analysis is performed, the results of 
all the analyses shall be arithmetically 
averaged. All samples collected shall 
be used in the computation of the aver- 
age, unless the analytical results are 
invalidated for technical reasons. Sam- 
pling and analyses shall be conducted in 
accordance with the methods listed in 
Paragraph (d) of this Rule. 

(2) Upon a written determination by the 
Department that the data from at lea s t 
one year or more of monitoring from a 
community water system or a 
non-transient non-community water 
system in accordance with Subpara- 
graph (b)(1) of this Rule and that local 
conditions demonstrate that total 
trihalomethane concentrations will be 
consistently below the maximum con- 
taminant level, the monitoring frequen- 
cy required by Subparagraph (b)(1) of 
this Rule may be reduced by the De- 
partment to a minimum of one sample 
analyzed for TTHMs per year taken at 
a point in the distribution system re- 
flecting the maximum residence time of 
the water in the system. 

(3) If at any time during which the reduced 
monitoring frequency prescribed under 
this Paragraph applies, the results from 



any analysis exceed 0.10 mg/1 of 
TTHMs and such results are confirmed 
by at least one check sample taken 
promptly after such results are re- 
ceived, or if the system makes any 
significant change to its source of water 
or treatment program, the system shall 
immediately begin monitoring at a 
quarterly frequency of at least one 
water sample per treatment plant after 
disinfection and a sample from the 
distribution system reflecting the maxi- 
mum residence time of the water in the 
system. This level of monitoring shall 
continue for at least one year before the 
frequency may be reduced again. The 
Department may require a system's 
monitoring frequency to be increased 
above the minimum in those cases 
where it is necessary to detect varia- 
tions of TTHM levels within the distri- 
bution system. 

(c) Compliance with 15A NCAC 18C .1517 
shall be determined based on a running annual 
average of quarterly samples collected by the 
system as prescribed in Subparagraph (b)(1) of this 
Rule. If the average of samples covering any 12 
month period exceeds the maximum contaminant 
level, the supplier of water shall report to the 
Department pursuant to 15A NCAC 18C .1525 
and notify the public pursuant to 15A NCAC 18C 
.1523. Monitoring after public notification shall 
be at a frequency designated by the Department 
and shall continue until a monitoring schedule as 
a condition to a variance, exemption or enforce- 
ment action shall become effective. 

(d) Sampling and analyses made pursuant to this 
Section shall be conducted by one of the following 
EPA approved methods: 

( 1 ) "The Analysis of Trihalomethanes in 
Drinking Waters by the Purge and Trap 
Method," Method 501.1, Environmen- 
tal Monitoring and Support Laboratory, 
EPA Cincinnati, Ohio. 

(2) "The Analysis of Trihalomethanes in 
Drinking Water by Liquid/Liquid Ex- 
traction," Method 501. 2, Environmental 
Monitoring and Support Laboratory. 
EPA Cincinnati, Ohio. 

Samples for TTHM shall be dechlorinated upon 
collection to prevent further production of 
trihalomethanes, according to the procedures 
described in the methods in (1) and (2) of this 
Subparagraph Paragraph . Samples for maximum 
TTHM potential should not be dechlorinated, and 



2417 



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March 15, 1994 



PROPOSED RULES 



shall be held for seven days at 25° C or above 
prior to analysis, according to the procedures 
described in the methods in (1) and (2) of this 
Subparagraph Paragraph . 

(e) Before a community water system makes 
any significant modifications to its existing treat- 
ment process for the purposes of achieving compli- 
ance with 15A NCAC 18C .1517(3), such system 
must submit and obtain Department approval of a 
detailed plan setting forth its proposed modification 
and those safeguards that it will implement to 
ensure that the bacteriological quality of the 
drinking water served by such system will not be 
adversely affected by such modification. Each 
system shall comply with the provisions set forth 
in the Department approved plan. At a minimum, 
a Department approved plan shall require the 
system modifying its disinfection practice to: 

(1) Evaluate the water system for sanitary 
defects and evaluate the source water 
for biological quality; 

(2) Evaluate its existing treatment practices 
and consider improvements that will 
minimize disinfectant demand and 
optimize finished water quality through- 
out the distribution system; 

(3) Provide baseline water quality survey 
data of the distribution system. Such 
data shall include the results from 
monitoring for coliform and fecal coli- 
form bacteria, fecal streptococci, stan- 
dard plate counts at 35° C and 20° C, 
phosphate, ammonia nitrogen and total 
organic carbon. Virus studies shall be 
required where source waters are heavi- 
ly contaminated with sewage effluent; 

(4) Conduct additional monitoring to assure 
continued maintenance of optimal bio- 
logical quality in finished water, for 
example, when chloramines are intro- 
duced as disinfectants or when 
pre-chlorination is being discontinued. 
Additional monitoring shall also be 
required by the Department for chlo- 
rate, chlorite and chlorine dioxide when 
chlorine dioxide is used as a disinfec- 
tant. Standard plate count analyses 
shall also be required by the Depart- 
ment as appropriate before and after 
any modifications; 

(5) Consider inclusion in the plan of provi- 
sions to maintain an active disinfectant 
residual throughout the distribution 
system at all times during and after the 
modification. 



(f) The maximum contaminant levels for 
trihalomethanes set forth in 15A NCAC 18C .1517 
for a community water system or a non-transient 
non-community water system serving less than 
10,000 individuals shall take effect one year from 
the date that the system begins quarterly sampling. 

(g) Travel trailer parks, campgrounds, and 
marina slips that are community water systems as 
defined by OS, 130A-3 13(10), but do not serve 
25 or more of the same persons more than six 
months per year shall be exempt from the provi- 
sions of this Rule. 

Statutory Authority G. S. 130A-315. 

.1537 DRINKING WATER ADDITIVES 

(a) The standards set forth in American National 
Standards Institute/NSF International, codified at 
ANSI/NSF Standard 60 and ANSI/NSF Standard 
61 , are hereby incorporated by reference including 
any subsequent amendments and editions. This 
material is available for inspection at the Depart- 
ment of Environment, Health, and Natural Re- 
sources, Division of Environmental Health. 1330 
Saint Mary's Street, Raleigh, North Carolina. 



Copies of ANSI/NSF 60: Drinking Water Treat- 
ment Chemicals z Health Effects or ANSI/NSF 61 : 
Dri liking Water System Components - Health 
Effects may be obtained at a cost of forty-five 
dollars ($45.00) each from NSF International, R 
Q Box 130140, Ann Arbor, Michigan 48113- 
0140. 

(b) A water supply product used in a public 
water system shall meet the standards incorporated 
by reference in Paragraph (a) of this Rule. A 
product certified by an organization having a third- 
party certification program accredited by the 
American National Standards Institute to test and 
certify such products is acceptable for use jn a 
public water system . 

(c) A supplier of water shall maintain a list of 
all water supply products used in a public water 
system for inspection by the Department. Prior to 
using a product not previously listed, a supplier of 
water shall either determine the product [s certified 
as required by Paragraph (b) of this Rule or notify 
the Department of the type, name and manufactur- 
er of a product. 

(d) A supplier of water shall not willfully 
introduce or permit the introduction of a water 
supply product into a public water system which 
does not meet the requirements of this Rule. 

Statutory Authority G.S. 103A-315; P.L. 93-523. 



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March 15, 1994 



2418 



PROPOSED RULES 



l\otice is hereby given in accordance with G.S. 
150B-2 1.2 that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A 
NCAC 19A .0206. 

I he proposed effective date of this action is July 
1. 1994. 

1 he public hearing will be conducted at 1:30 
p.m. on April 7, 1994 at the Ground Floor Hear- 
ing Room. Archdale Building, 512 N. Salisbury 
Street. Raleigh. NC. 

Keason for Proposed Action: To add "optome- 
trist" to the "health care provider" list in Subpara- 
graph (a)(1). 

(comment Procedures: All persons interested in 
these matters are invited to attend the public- 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice. PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 14, 1994. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS. BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE PUB- 
LIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 

CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 



WITH G.S. 150B-21.2(f). 

CHAPTER 19 - HEALTH: 
EPIDEMIOLOGY 

SUBCHAPTER 19A - COMMUNICABLE 
DISEASE CONTROL 

SECTION .0200 - CONTROL MEASURES 
FOR COMMUNICABLE DISEASES 

.0206 INFECTION CONTROL - HEALTH 
CARE SETTLNGS 

(a) The following definitions shall apply 
throughout this Rule: 

(1) "Health care organization" means hos- 
pital; clinic; physician, dentist, podia- 
trist, optometrist, or chiropractic office; 
home health agency; nursing home; 
local health department; community 
health center; mental health agency; 
hospice; ambulatory surgical center; 
urgent care center; emergency room; or 
any other health care provider that 
provides clinical care. 

(2) "Invasive procedure" means entry into 
tissues, cavities, or organs or repair of 
traumatic injuries. The term includes 
but is not limited to the use of needles 
to puncture skin, vaginal and cesarean 
deliveries, surgery, and dental proce- 
dures during which bleeding occurs or 
the potential for bleeding exists. 

(b) Health care workers, emergency responders, 
and funeral service personnel shall follow blood 
and body fluid precautions with all patients. 

(c) Health care workers who have exudative 
lesions or weeping dermatitis shall refrain from 
handling patient care equipment and devices used 
in performing invasive procedures and from all 
direct patient care that involves the potential for 
contact of the patient, equipment, or devices with 
the lesion or dermatitis until the condition re- 
solves. 

(d) All equipment used to puncture skin, mucous 
membranes, or other tissues in medical, dental, or 
other settings must be disposed of in accordance 
with 15A NCAC 13B after use or sterilized prior 
to reuse. 

(e) In order to prevent transmission of HIV and 
hepatitis B from health care workers to patients, 
each health care organization that performs inva- 
sive procedures shall implement a written infection 
control policy by July 1, 1993. The health care 
organization shall ensure that health care workers 



2419 



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March 15, 1994 



PROPOSED RULES 



in its employ or who have staff privileges are 
trained in the principles of infection control and 
the practices required by the policy; require and 
monitor compliance with the policy; and update 
the policy as needed to prevent transmission of 
HIV and hepatitis B from health care workers to 
patients. The health care organization shall desig- 
nate a staff member to direct these activities. By 
September 1, 1994 the designated staff member in 
each health care organization shall have successful- 
ly completed a course in infection control ap- 
proved by the Department. The course shall 
address: 

(1) Epidemiologic principles of infectious 
disease; 

(2) Principles and practice of asepsis; 

(3) Sterilization, disinfection, and sanita- 
tion; 

(4) Universal blood and body fluid precau- 
tions; 

(5) Engineering controls to reduce the risk 
of sharp injuries; 

(6) Disposal of sharps; and 

(7) Techniques which reduce the risk of 
sharp injuries to health care workers. 

(f) The infection control policy required by this 
Rule shall address the following components that 
are necessary to prevent transmission of HIV and 
hepatitis B from infected health care workers to 
patients: 

(1) Sterilization and disinfection, including 
a schedule for maintenance and micro- 
biologic monitoring of equipment; the 
policy shall require documentation of 
maintenance and monitoring; 

(2) Sanitation of rooms and equipment, 
including cleaning procedures, agents, 
and schedules; 

(3) Accessibility of infection control devic- 
es and supplies; 

(4) Procedures to be followed in imple- 
menting 15A NCAC 19A .0202(4) and 
.0203(b)(3) when a health care provider 
or a patient has an exposure to blood or 
other body fluids of another person in a 
manner that poses a significant risk of 
transmission of HIV or hepatitis B. 

Statutory Authority G.S. 130A-144; 130A-145. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 



N< 



otice is hereby given in accordance with G.S. 



150B-21.2 that the North Carolina Real Estate 
Commission intends to amend rules cited as 21 
NCAC 58A .0104 and .0112. 

1 he proposed effective date of this action is 
January 1, 1995. 

1 he public hearing will be conducted at 9:00 
a.m. on April 14. 1994 at the Jane S. McKimmon 
Center, Corner Gorman Street and Western Blvd. , 
Raleigh, N.C 

Jxeason for Proposed Action: To codify a real 
estate licensee's duty to disclose his agency rela- 
tionship to parties to a transaction. 

Lsomment Procedures: Comments regarding these 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission, P.O. Box 
17100, Raleigh, North Carolina 27619, so as to be 
received by the hearing date. 

CHAPTER 58 - REAL ESTATE 
COMMISSION 

SUBCHAPTER 58A - REAL ESTATE 
BROKERS AND SALESMEN 

SECTION .0100 - GENERAL 
BROKERAGE 

.0104 AGENCY CONTRACTS AND 
DISCLOSURE 

(a) Every written listing contract, and buyer 
brokerage agency contract or other contract for 
brokerage services in a real estate sales transaction 
shall be in writing, shall provide for its existence 
for a definite period of time and shall provide for 
its termination without prior notice at the expira- 
tion of that period. It shall not require an owner 
to notify a broker of the owner' s intention to 
terminate the li s ting contract, nor s hall it require 
a buyer to notify a broker of the buyer' s intention 
to terminate the brokerage contract . 

(b) Every written listing contract, &n4 buyer 
brokerage agency contract or other contract for 
brokerage services in a real estate sales transaction 
shall contain the following provision: The broker 
shall conduct all his brokerage activities in regard 
to this agreement without respect to the race, 



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March 15, 1994 



2420 



PROPOSED RILES 



color, religion, sex. national origin, handicap or 
familial status of any buyer, prospective buyer, 
seller or prospective seller. The provision shall be 
set forth in a clear and conspicuous manner which 
shall distinguish it from other provisions of the 
contract. 

(c) Every listing contract, buyer agency contract 
or other contract for brokerage services in a real 
estate sales transaction shall incorporate a descrip- 
tion of agent duties and relationships prescribed by 
the Commission which shall be set forth in a clear 
and conspicuous manner and shall not include or 
be accompanied by any additional text which 
contradicts jts meaning and substance. Immediate- 
Jv after the description of agent duties and relation- 
ships, every' listing and buyer agency contract shall 
contain the following provision, including a box 
which the agent shall check when the provision js 
applicable: "H CAUTION: This firm represents 
both seller and buyers. This means that it is 
possible that a buyer we represent will want to 
purchase a property owned by a seller we repre- 
sent. When that occurs, the agent and firm listed 
above will act as dual agents if al] parties agree. " 

(d) A broker or brokerage firm representing one 
party m a transaction shall not undertake to repre- 
sent another party in the transaction without the 
express, written authority of each party. 

(e) J_n every real estate sales transaction, a 
broker or salesman working directly with a pro- 
spective buyer as a seller's agent or subagent shall 
disclose to the prospective buyer at the first 
substantial contact with the prospective buyer that 
the broker or salesman represents the interests of 
the seller. The broker or salesman shall make the 
disclosure on the "Disclosure to Buyer from 
■Seller's Agent or Subagent" form prescribed by 
the Commission. 

(f) In every real estate sales transaction, a 
broker or salesman representing a buyer shall, at 
the initial contact with the seller or seller's agent, 
disclose to the seller or seller's agent that the 
broker or salesman represents the buyer's interests. 
In addition, the broker or salesman shall, no later 
than the time of delivery of an offer to the seller 
or seller's agent, provide the seller or seller's 
agent with a written confirmation disclosing that he 
represents the interests of the buyer. The written 
confirmation may he made in the buyer's offer to 
purchase. 

Statutory Authority G. S. 93A-3(c). 

.01 12 OFFERS AND SALES CONTRACTS 

(a) A broker or salesman acting as an agent in 



a real estate transaction shall not use a preprinted 
offer or sales contract form unless the form ade- 
quately describes or specifically requires the entry 
of the following information: 

( 1 ) the names of the buyer and seller; 

(2) a legal description of the real property 
sufficient to identify and distinguish it 
from all other property; 

(3) an itemization of any personal property 
to be included in the transaction; 

(4) the purchase price and manner of pay- 
ment; 

(5) any portion of the purchase price that is 
to be paid by a promissory note, includ- 
ing the amount, interest rate, payment 
terms, whether or not the note is to be 
secured, and other material terms; 

(6) any portion of the purchase price that is 
to be paid by the assumption of an 
existing loan, including the amount of 
such loan, costs to be paid by the buyer 
or seller, the interest rate and number 
of discount points and a condition that 
the buyer must be able to qualify for 
the assumption of the loan and must 
make every reasonable effort to quality 
for the assumption of the loan; 

(7) the amount of earnest money, if any, 
the method of payment, the name of the 
broker or firm that will serve as escrow- 
agent, an acknowledgment of earnest 
money receipt by the escrow agent, and 
the criteria for determining disposition 
of the earnest money, including disput- 
ed earnest money, consistent with com 
mi ss ion Commission Rule .0107 of this 
Subchapter; 

(8) any loan that must be obtained by the 
buyer as a condition of the contract, 
including the amount and type of loan, 
interest rate and number of discount 
points, loan term, loan commitment 
date, and who shall pay loan closing 
costs; and a condition that the buyer 
shall make every reasonable effort to 
obtain the loan; 

(9) a general statement of the buyer's 
intended use of the property and a 
condition that such use must not be 
prohibited by private restriction or 
governmental regulation; 

(10) the amount and purpose of any special 
assessment to which the property is 
subject and the responsibility of the 
parties for any unpaid charges; 



2421 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



(15) 

(16) 

(17) 



(18) 



(11) the date for closing and transfer of 
possession; 

(12) the signatures of the buyer and seller; 

(13) the date of offer and acceptance; 

(14) a provision that title to the property 
must be delivered at closing by general 
warranty deed and must be fee simple 
marketable title, free of all encum- 
brances except ad valorem taxes for the 
current year, utility easements, and any 
other encumbrances specifically ap- 
proved by the buyer, or a provision 
otherwise describing the estate to be 
conveyed, and encumbrances, and the 
form of conveyance; 
the items to be prorated or adjusted at 
closing; 

who shall pay closing expenses; 
the buyer's right to inspect the property 
prior to closing and who shall pay for 
repairs and improvements, if any; and 
a provision that the property shall at 
closing be in substantially the same 
condition as on the date of the offer 
(reasonable wear and tear excepted), or 
a description of the required property 
condition at closing; and 

(19) a provision setting forth the identity of 
each real estate agent and firm involved 
in the transaction and disclosing the 
party each agent and firm represents. 
The provisions of this rule shall apply only to 
preprinted offer and sales contract forms which a 
broker or salesman acting as an agent in a real 
estate transaction proposes for use by the buyer 
and seller. Nothing contained in this Rule shall be 
construed to prohibit the buyer and seller in a real 
estate transaction from altering, amending or 
deleting any provision in a form offer to purchase 
or contract; nor shall this Rule be construed to 
limit the rights of the buyer and seller to draft 
their own offers or contracts or to have the same 
drafted by an attorney at law. 

(b) A broker or salesman acting as an agent in 
a real estate transaction shall not use a preprinted 
offer or sales contract form containing the provi- 
sions or terms listed in Subparagraphs (b)(1) and 
(2) of this Rule. A broker, salesman or anyone 
acting for or at the direction of the broker or 
salesman shall not insert or cause such provisions 
or terms to be inserted into any such preprinted 
form, even at the direction of the parties or their 
attorneys: 

( 1 ) any provision concerning the payment 
of a commission or compensation. 



including the forfeiture of earnest mon- 
ey, to any broker, salesman or firm; or 
(2) any provision that attempts to disclaim 
the liability of a broker or salesman for 
his representations in connection with 
the transaction. 

Statutory Authority G. S. 93A-3(c). 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Real Estate 
Commission intends to amend rules cited as 21 
NCAC 58A .0110, .0502 - .0505; 58C .0101 - 
.0105, .0107, .0202- .0204, .0214, .0218, .0301 - 
. 0303, . 0305 and . 0309; repeal 58C . 0308, . 0401 
- .0407; 58D .0101 - .0102, .0201 - .0210, .0301 
- .0306, .0401 - .0409, .0501, .0601 - .0606 and 
.0701; adopt 58A .1701 - .1711; 58E .0101 - 
.0705, .0201 - .0206. .0301 - .0309, .0401 - 
.0412, and .0501 - .0514. 

1 he proposed effective date of this action is July 
1. 1994. 

1 he public hearing will be conducted at 9:00 
a.m. on April 14, 1994 at the Jane S. McKirnmon 
Center, Corner Gorman Street and Western Blvd. , 
Raleigh, N.C. 

Reason for Proposed Action: 
21 NCAC 58A .0110, .0502 - .0505 - To bring 
rules regarding broker-in-charge, corporations, 
license renewal, license activation and license 
reinstatement into compliance with requirements 
concerning continuing education. 
21 NCAC 58A .1701 - .1711 - To codify require- 
ments and procedures concerning continuing 
education for real estate brokers and salesmen. 
21 NCAC 58C .0101 - .0105, .0107, .0202 - 
.0204, .0214, .0218, .0301 - .0303, .0305, .0308, 
.0309, .0401 - .0407 - To delete from the 
Conunission's rules all references to real estate 
appraiser education. 

21 NCAC 58D .0101 - .0102, .0201 - .0210, 
.0301 - .0306, .0401 - .0409, .0501, .0601 - .0606 
and .0701 - lb repeal all rules regarding 
Commission's authority to regulate licensed or 
certified real estate appraisers. 
21 NCAC 58E .0101 - .0105, .0201 - .0206, 
.0301 - .0309, .0401 - .0412 and .0501 - .0514 - 



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March 15, 1994 



2422 



PROPOSED RULES 



To codify procedures and standards for the real 
estate continuing education program. 

Csomment Procedures: Comments regarding these 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission, P.O. Box 
17100. Raleigh, North Carolina 27619, so as to be 
received by the hearing date. 

CHAPTER 58 - REAL ESTATE 
COMMISSION 

SUBCHAPTER 58A - REAL ESTATE 
BROKERS AND SALESMEN 

SECTION .0100 - GENERAL 
BROKERAGE 

.0110 BROKER-IN-CHARGE 

(a) There shall be designated for each firm and 
branch office thereof one broker who shall assume 
responsibility at such office for: 

( 1 ) the proper display of license certificates 
of the brokers and salesmen associated 
with or engaged on behalf of the firm at 
such office, ascertaining whether each 
licensee employed at the office has 
complied with Rules .0503 and .0506 
of this Subchapter; 

(2) the proper notification to the Commis- 
sion of any change of business address 
or trade name of the firm and the regis- 
tration of any assumed business name 
adopted by the firm for its use; 

(3) the proper conduct of advertising by or 
in the name of the firm at such office; 

(4) the proper maintenance at such office of 
the trust or escrow account of the firm 
and the records pertaining thereto; 

(5) the proper retention and maintenance of 
records relating to transactions conduct- 
ed by or on behalf of the firm at such 
office; 

(6) the proper supervision of salesmen 
associated with or engaged on behalf of 
the firm at such office in accordance 
with the requirements of Rule .0506 of 
this Subchapter; and 

(7) the verification to the Commission of 
the experience of any salesman at such 
office who may be applying for licen- 
sure as a broker. 



No broker shall be broker-in-charge of more than 
one office or branch office. 

(b) When used in this Rule, the term: 

(1) "Branch Office" means any office in 
addition to the principal office of a 
broker which is operated in connection 
with the broker's real estate business; 
and 

(2) "Office" means any place of business 
where acts are performed for which a 
real estate license is required. 

(c) A broker-in-charge must continually maintain 
his license on active status. 

(d) Each broker-in-charge shall notify the Com- 
mission in writing of any change in his status as 
broker-in-charge within 10 days following the 
change. Within 10 days following termination of 
his supervisory responsibilities over any salesman, 
the broker-in-charge shall provide the salesman, in 
a form prescribed by the Commission, an accurate 
written statement regarding the number and type of 
properties listed, sold, bought, leased or rented for 
others by the salesman while under the supervision 
of the broker-in-charge. 

Statutory Authority G. S. 93A-3(c). 

SECTION .0500 - LICENSING 

.0502 CORPORATIONS 

(a) Application forms for corporations required 
to be licensed as brokers shall be available upon 
request to the Commission and call for such 
information as the corporate name, the address of 
its principal office, a copy of its corporate charter 
evidencing its authority to engage in the business 
of real estate brokerage, past conviction of crimi- 
nal offenses of any corporate director, officer, 
employee or shareholder who owns ten percent or 
more of the outstanding shares of any class, 
information concerning the past revocation, sus- 
pension or denial of a business or professional 
license to any director, officer, employee or 
shareholder who owns ten percent or more of the 
outstanding shares of any class, a list of all direc- 
tors and officers of the corporation, a list of all 
persons, partnerships, corporations or other enti- 
ties owning ten percent or more of the outstanding 
shares of any class, and a list of all brokers and 
salesmen associated with the corporation. 

(b) A foreign corporation shall further qualify 
by filing with its application for license a copy of 
its certificate of authority to transact business in 
this state issued by the North Carolina Secretary of 
State in accordance with G.S. 55-131 and a con- 



I 



2423 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



sent to service of process and pleadings which 
shall be authenticated by its corporate seal and 
accompanied by a duly certified copy of the 
resolution of the board of directors authorizing the 
proper officer or officers to execute said consent. 

(c) After filing a written application with the 
Commission and upon a showing that at least one 
executive officer of said corporation holds a 
current broker's license on active status and in 
good standing and will serve as principal broker of 
the corporation, the corporation will be licensed 
provided it appears that the applicant corporation 
employs and is directed by personnel possessed of 
the requisite truthfulness, honesty and integrity. 

(d) The licensing of a corporation shall not be 
construed to extend to the licensing of its officers 
and employees in their individual capacities re- 
gardless of whether they are engaged in furthering 
the business of the licensed corporation. 

(e) The principal broker of a corporation shall 
assume responsibility for: 

(1) designating and assuring that there is at 
all times a broker-in-charge for each 
office and branch office of the corpora- 
tion at which real estate brokerage 
activities are conducted; 

(2) renewing the real estate broker license 
of the corporation; 

(3) the proper display of the real estate 
license certificate of the corporation at 
the principal office of the corporation at 
which real estate brokerage activities 
are conducted and a photocopy of such 
license at each branch office thereof; 

(4) notifying the Commission of any 
change of business address or trade 
name of the corporation and the regis- 
tration of any assumed business name 
adopted by the corporation for its use; 
and 

(5) notifying the Commission in writing of 
any change of his status as principal 
broker within ten days following the 
change. 

Statutory Authority G.S. 93A-3(c); 
93A-4(a),(b),(d). 

.0503 LICENSE RENEWAL; OPERATING 
WHILE LICENSE EXPIRED 

(a) A-ny — licen s ee de s iring the renewal — of a 
licen s e s hall, during the month of June, apply for 
s ame in writing upon a form — approved — by the 
Commission and shall forward the required fee of 
twenty five dollars ($25.00). — Forms are available 



upon reque s t to the Commi ss ion. All real estate 
broker, salesman or corporate broker licenses 
issued by the Commission under Article 1 , Chapter 
93A of the General Statutes shall expire on the 
30th day of June following issuance. Any licensee 
desiring renewal of a license shall apply for renew- 
al within 45 days prior to license expiration by 
submitting a renewal application on a form pre- 
scribed by the Commission and submitting with the 
application the required renewal fee of twenty-five 
dollars ($25.00). 

(b) Beginning in 1995, any person desiring to 
renew his license on active status shall, upon the 
second renewal of such license following initial 
licensure, and upon each subsequent renewal , have 
obtained all continuing education required by G.S. 
93A-4A and Rule .1702 of this Subchapter. 

(c) A person renewing a license on inactive 
status shall not be required to have obtained any 
continuing education in order to renew such 
license; however, in order to subsequently change 
his license from inactive status to active status, the 
licensee must satisfy the continuing education 
requirement prescribed in Rule .1703 of this 
Subchapter. 

fb) (d) Any person or corporation which engag- 
es in the business of a real estate broker or sales- 
man while his or its license is lapsed expired will 
be subject to the penalties prescribed in the license 
law. 

Statutory Authority G.S. 93A-3(c); 93A-4(c),(d); 
93A-4A; 93A-6. 

.0504 ACTIVE AND INACTIVE LICENSE 
STATUS 

(a) A broker, sale s man or corporate broker shall 
be assigned by th e Commi ss ion to inactive s tatus 

upon written — request to the Commi ss ion. A 

s ale s man s hall be a ss igned to inactive s tatus upon 
initial licensure and when he i s not under the 
active, personal s upervi s ion of a broker in charge. 
A corporate broker shall be assigned to inactive 
statu s when the corporation does not have n princi 
pal broker. Except for licenses that have expired 
or that have been revoked, suspended or surren- 
dered, all licenses issued by the Commission shall 
be designated as being either on active status or 
inactive status. The holder of a license on active 
status may engage in any activity requiring a real 
estate license and may be compensated for the 
provision of any lawful real estate brokerage 
service. The holder of a license on inactive status 
may not engage in any activity requiring a real 
estate license and may not be compensated for the 



8:24 



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2424 



PROPOSED RULES 



provision of any real estate brokerage service, 
including compensation for the referral of a pro- 
spective seller, buyer, landlord or tenant to another 
real estate licensee or any other party. A licensee 
holding a license on inactive status must renew 
such license and pay the prescribed license renewal 
fee in order to continue to hold such license. The 
Commission may take disciplinary action against a 
licensee holding a license on inactive status for any 
violation of Chapter 93 A of the General Statutes of 
North Carolina or any rule promulgated by the 
Commission, including the offense of engaging jn 
an activity for which a license is required while a 
license js on inacti\'e status. 

(b) A salesman on inactive status shall bo a s 
signed to active status upon written receipt by the 
Commission — ef- — the — form — pre s cribed — m — R-t4e 
.0506(b) of this Subchapter. — A broker on inactive 
statu s — s hall — be — returned — to — active — status — upon 
making a written request to the Commi ss ion. — A 
corporate broker on inactive s tatu s shall — be re 
turned to active s tatus when it certifie s to the 
Commission — that — a — principal — broker — has — been 
de s ignated or upon rein s tatement of the license of 

a former principal broker. As a condition for 

assigning or returning a licensee to active status, 
the Commission may. in it discretion, require the 
licensee to satisfy the requirements of an applicant 
for original licensure if the licen s ee ha s been on 
inactive - status for three or more years. Upon 
initial licensure, a salesman's license shall be 
assigned by the Commission to inactive status and 
the license of a broker or corporate broker shall be 
assigned to active status. The license of a broker, 
salesman or corporate broker shall be assigned by 
the Commission to inactive status upon the written 
request of the licensee. A salesman's license shall 
be assigned by the Commission to inactive status 
by the Commission when the salesman js not under 
the active, personal supervision of a broker-in- 
charge. A corpora te broker's license shall be 
assigned by the Commission to inactive status 
when the corporation does not have a principal 
broker. A broker or salesman shall also be as- 
signed to inactive status if. upon the second renew- 
al of his license following initial licensure, or upon 
any subsequent renewal, he has not satisfied the 
continuing education requirement described in Rule 

. 1702 of this Subchapter. 

(c) A licen s ee on inactive status shall not be 
entitled to act in any capacity for which a license 
is required: however, the licensee must renew his 
licen s e and pay the prescribed licen s e renewal fee 
in order to continue to hold a licen s e. A sales- 
man's inactive license shall be assigned to active 



status upon receipt by the Commission of the 
properly completed form prescribed m Rule 
.0506(b) of this Section, upon presentation of 
evidence that he has obtained any continuing 
education that may be required by Rule . 1703 of 
this Subchapter, and upon submission of an affida- 
vit, on a form prescribed by the Commission, 
describing any involvement in real estate broker- 
age the salesman may have had while his license 
was inactive. A broker's inactive license shall be 
assigned to active status upon the written request 
of the broker on a form prescribed by the Com- 
mission, upon presentation of evidence that he has 
obtained any continuing education that may be 
required by Rule . 1703 of thjs Subchapter, and 
upon submission of an affidavit, on a form pre- 
scribed by the Commission, describing any in- 
volvement in real estate brokerage the broker may 
have had while his license was inactive. A corpo- 
rate broker's inactive license shall be assigned to 
active status upon designation in writing of a 
principal broker or upon reinstatement of the 
expired license of the fast designated principal 
broker and upon submission by the principal 
broker of an affidavit, on a form prescribed by the 
Commission, describing any involvement in real 
estate brokerage the corporation may have had 
while its license was inactive. 

fd-) The — Commi ss ion — may — tak-e — di s ciplinary 

action against a licen s ee on inactive status. 

Statutory Authority G.S. 93A-3(c); 93A-4(J); 93A- 
4 A; 93A-6. 

.0505 REINSTATEMENT OF EXPIRED 
LICENSE 

Expired licenses — may be rein s tated within — 1-2- 
months after expiration upon proper application 
and payment of the twenty five dollar ($25.00) 
renewal fee plus five dollar ($5.00) late filing fee. 
xpired for more than 12 month 



« 



leenses exp 



s may 



considered for reinstatement upon proper appliea 
tion and payment of thirty dollar ($30.00) fee for 
brokers and thirty dollar ($30.00) fee for s ale s 
men. — Such application s will be reviewed by the 
Commi ss ion to determine whether an examination 
and/or real estate education will be required. 

(a) Licenses expired for not more than 12 
months may be reinstated upon proper application 
and payment of the twenty-five dollar ($25.00) 
renewal fee plus five dollar ($5.00) late filing fee. 
In order to reinstate such license on active status 
for a license period beginning on or after July J_. 
1995. the applicant shall also present evidence 
satisfactory to the Commission of having obtaine d 



2425 



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PROPOSED RULES 



such continuing education as is required by Rule 
. 1 703 of this Subchapter to change an inactive 
license to active status, except that the time during 
which the license was expired shall also count as 
inactive time for the purpose of determining the 
amount of continuing education elective credit 
hours required. A person reinstating such a 
license on inactive status shall not be required to 
have obtained any continuing education in order to 
reinstate such license; however, in order to subse- 
quently change his reinstated license from inactive 
status to active status, the licensee must satisfy the 
continuing education requirement prescribed in 
Rule .1703 of this Subchapter and the time during 
which the license was expired shall also count as 
inactive time for the purpose of determining the 
amount of continuing education elective credit 
hours required. 

(b) Reinstatement of licenses expired for more 
than 12 months may be considered upon proper 
application and payment of a thirty dollar ($30.00) 
fee. Applicants must satisfy the Commission that 
they possess the current knowledge, skills and 
competence necessary to function jn the real estate 
business in a manner that protects and serves the 
public interest, fn this regard, the Commission 
may require such applicants to complete real estate 
education and/or pass the license examination. 

Statutory Authority G.S. 93A-3(c); 93A-4(c),(d); 
93A-4A. 

SECTION .1700 - MANDATORY 
CONTINUING EDUCATION 

.1701 PURPOSE AND APPLICABILITY 

This Section describes the continuing education 
requirement for real estate brokers and salesmen 
authorized by G.S. 93A-4A, establishes the contin- 
uing education requirement to change a license 
from inactive status to active status, establishes 
attendance requirements for continuing education 
courses, establishes the criteria and procedures 
relating to obtaining an extension of time to com- 
plete the continuing education requirement, estab- 
lishes the criteria for obtaining continuing educa- 
tion credit for an unapproved course or related 
educational activity, and addresses other similar 
matters. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.1702 CONTINUING EDUCATION 
REQUIREMENT 

(a) In order to renew a broker or salesman 



license on active status for a license period begin- 
ning on or after July J^ 1995, the person request- 
ing renewal of a license shall, upon the second 
renewal of such license following initial licensure, 
and upon each subsequent annual renewal, have 
completed, within one year preceding license 
expiration, eight classroom hours of real estate 
continuing education jn courses approved by the 
Commission. Four of the required eight classroom 
hours must be obtained each license period by 
completing a mandatory update course developed 
annually by the Commission. The remaining four 
hours must be obtained by completing one or more 
Commission-approved elective courses covering 
acceptable subject matter as described in Rule 
.0305 of Subchapter 58E. The licensee bears the 
responsibility for providing, upon request of the 
Commission, evidence of continuing education 
course completion satisfactory to the Commission. 

(b) No continuing education shall be required to 
renew a broker or salesman license on inactive 
status; however, to change a license from inactive 
status to active status, the licensee must satisfy the 
continuing education requirement described in Rule 
. 1703 of this Section. 

(c) No continuing education shall be required 
for a licensee who is a member of the North 
Carolina General Assembly to renew his license on 
active status. 

(d) The terms "active status" and "inactive 
status" are defined in Rule .0504 of this Subchap- 
ter. The term "initial licensure" means the first 
time that a license of a particular type is issued to 
a person. Thus, issuance of a broker license to a 
person previously licensed as a salesman is consid- 
ered to be initial licensure; however, reinstatement 
of an expired, revoked or suspended license does 
not constitute initial licensure. 

Statutory Authority G. S. 93 A- 3(c); 93A-4A. 



CONTEVUING EDUCATION FOR 
LICENSE ACTIVATION 

On and after July L, 1995, a broker or 



.1703 

(a] 

salesman requesting to change an inactive license 
to active status on or after the licensee's second 
license renewal following his initial licensure shall 
be required to demonstrate completion of continu- 
ing education as described in this Rule. The 
licensee must have completed, since the beginning 
of ffie license period immediately preceding the 
date of request for license activation, both a 
mandatory update course and a number of hours m 
approved elective courses to be determined accord- 
ing to Paragraph (b) or (c} of this Rule, whicheve r 



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2426 



PROPOSED RULES 



is appropriate. attending less than 90 percent of the scheduled 

(b) If the mandatory update course was complet- classroom hours. 
ed during the immediate preceding license period, 

the licensee must also have obtained, since the Statutory Authority G.S. 93A-3(c); 93A-4A. 

beginning of the immediate preceding license 
period, four credit hours jn approved elective 
courses for each license period or portion thereof 
that the license has been continuously inactive, up 
to a maximum of 12 hours. None of the elective 
course credit hours obtained to satisfy this require- 
ment may be credited toward the continuing 
education requirement for the current license 
period. 

(c) If the mandatory update course was complet- 
ed during the current license period, the licensee 
must also have obtained, since the beginning of the 
immediate preceding license period, four credit 
hours [n approved elective courses for each license 
period or portion thereof that the license has been 
continuously inactive, up. to a maximum of 16 
hours, provided that the minimum number of 
elective course credit hours required since the 
beginning of the immediate preceding license 
period shall be eight hours. None of these elective 
course credit hours may be credited toward the 
continuing education requirement for the current 
license period; however, the update course credit 
hours will be credited toward the continuing 
education requirement for the current license 
period. 

(d) For the purpose of satisfying the elective 
course credit hour requirement described in Para- 
graphs (b) and (c) of this Rule, the maximum 
number of credit hours that will be awarded for 
any single course js four hours. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.1704 NO CREDIT FOR PRELICENSING 
COURSES 

No credit toward the continuing education re- 
quirement will be awarded for completing a real 
estate prelicensing course. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



t 



. 1 705 ATTENDANCE AND PARTICIPATION 
REQUIREMENTS 

In order to receive any credit for completing an 
approved continuing education course, a licensee 
must attend at least 90 percent of the scheduled 
classroom hours for the course, regardless of the 
length of the course, and must comply with student 
participation standards described in Rule .051 1 of 
Subchapter 58E. No credit will be awarded for 



. 1 706 REPETITION OF COURSES 

A continuing education course may be taken only 
once for continuing education credit within a single 
license period. 

Statutory Authority G.S. 93A-3(c>; 93A-4A. 

.1707 ELECTIVE COURSE CARRY-OVER 
CREDIT 

Jf a licensee fully satisfies the continuing educa- 
tion elective requirement for a particular license 
period and then takes an additional approved 
continuing education elective course(s) in that 
same license period, the creditable hours taken m 
the additional course(s) may be applied toward 
satisfaction of the continuing education elective 
requirement for the next succeeding license period. 
However, if a continuing education elective course 
is used to wholly or partially satisfy the elective 
requirement for a particular license period, then 
any excess hours completed in such course which 
are not needed to satisfy the four-hour elective 
requirement for that license period may not be 
carried forward and applied toward the elective 
requirement for the next succeeding license period. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.1708 EQUIVALENT CREDIT 

(a) A licensee may request that the Commission 
award continuing education credit for a course 
taken by the licensee that is not approved by the 
Commission, or for some other real estate educa- 
tion activity, by making such request on a form 
prescribed by the Commission and submitting a 
nonrefundable fee of fifty dollars ($50.00) for each 
request for evaluation of a course or real estate 
education activity. Such requests and all support- 
ing documents, with the exception of applications 
from instructors of continuing education courses 
desiring equivalent credit for teaching Commis- 
sion-approved continuing education courses, must 
be received by the Commission at least 60 days 
prior to the expiration of the licensee's current 
license. 

(b) The Commission may award continuing 
education elective credit for satisfactory comple- 
tion of an unapproved course which the Commis- 
sion finds equivalent to ffie elective course compo- 
nent of the continuing education requirement set 



2427 



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PROPOSED RULES 



forth in Section .0300 of Subchapter 58E. Com- 
pletion of an unapproved course may serve only to 
satisfy the elective requirement and cannot be 
substituted for completion of the mandatory update 
course. 

(c) Real estate education activities, other than 
teaching a Commission-approved course, which 
may be eligible for credit include, but are not 
limited to: developing a Commission-approved 
elective continuing education course, authorship of 
a published real estate textbook; and authorship of 
a scholarly article, on a topic acceptable for 
continuing education purposes, which has been 
published in a professional journal. Each activity 
for which continuing education credit js requested 
must have been completed within the current 
license period. The Commission may award 
continuing education elective credit for activities 
which the Commission finds equivalent to the 
elective course component of the continuing 
education requirement set forth in Section .0300 of 
Subchapter 58E. No activity other than teaching 
a Commission-developed mandatory update course 
shall be considered equivalent to completing the 
mandatory update course. 

(d) The Commission may award credit for 



teaching the Commission-developed mandatory 
update course and for teaching an approved elec- 
tive course. Credit for teaching an approved 
elective course shall be awarded only for the 
license period in which the instructor teaches the 
course for the first time. Credit for teaching a 
Commission-developed mandatory update course 
may be awarded for each licensing period in which 
the instructor teaches the course. The amount of 
credit awarded to the instructor of an approved 
continuing education course shall be the same as 
the amount of credit earned by a licensee who 
completes the course. The instructor must pro- 



vide proof that he taught the course within the 
current license period. Licensees who are instruc- 
tors of continuing education courses approved by 
the Commission shall not be subject to the fifty- 
dollar ($50.00) evaluation fee when applying for 
continuing education credit for teaching an ap- 
proved course. No credit toward the continuing 
education requirement shall be awarded for teach- 
ing a real estate prelicensing course. 

(e) No carry-over credit to a subsequent license 
period shall be awarded for taking an unapproved 
continuing education course or for any real estate 
education activity other than teaching an approved 
elective course. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



.1709 EXTENSIONS OF TIME TO 
COMPLETE CONTINUING 
EDUCATION 

A licensee on active status may request and be 
granted an extension of time to satisfy the continu- 
ing education requirement for a particular license 
period if he provides evidence satisfactory to the 
Commission that he was unable to obtain the 
necessary education due to an incapacitating illness 
or other circumstance which existed for a substan- 
tial portion of the license period and which consti- 
tuted a severe and verifiable hardship such that to 
comply with the continuing education requirement 
would have been impossible or unreasonably 
burdensome. The Commission will jn no case 
grant an extension of time to satisfy the continuing 
education requirement for reasons of business or 
personal conflicts. The Commission also will not 
grant such an extension of time when, in the 
opinion of the Commission, the principal reason 
for the licensee's inability to obtain the required 
education [n a timely manner was unreasonable 
delay on the part of the licensee |n obtaining such 
education. If an extension of time is granted, the 
licensee will be permitted to renew his license on 
active status but the license shall be automatically 
changed to inactive status at the end of the exten- 
sion period unless the licensee satisfies the contin- 
uing education requirement prior to that time. If 
an extension of time is not granted, the licensee 
may either satisfy the continuing education require- 
ment prior to expiration of the license period or 
renew his license on inactive status. The length of 
any extension of time granted and the determina- 
tion of the specific courses which shall be accepted 
by the Commission as equivalent to the continuing 
education the licensee would have been required to 
have completed had he not been granted the 
extension \s wholly discretionary on the part of the 
Commission. The licensee's request for an exten- 
sion of time must be submitted on a form pre- 
scribed by the Commission. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



DENIAL OR WITHDRAWAL OF 
CONTINUING EDUCATION CREDIT 

The Commission may deny continuing 



.1710 

(a) 

education credit claimed by a licensee or reported 
by a course sponsor for a licensee, and may 
withdraw continuing education credit previously 
awarded by the Commission to a licensee upon 
finding that: 

( 1 ) The licensee or course sponsor provid- 
ed incorrect information to the Corn- 



s' 



NORTH CAROLINA REGISTER 



March 15, 1994 



2428 



PROPOSED RULES 



mission concerning continuing educa- 
tion completed by the licensee; 

(2) The licensee failed to comply with 
either the attendance requirement estab- 
lished by Rule . 1705 of this Section or 
the student participation standards set 
forth in Rule .051 I of Subchapter 58E; 
or 

(3) The licensee was mistakenly awarded 
continuing education credit due to an 
administrative error. 

(b) When continuing education credit |s denied 
or withdrawn by the Commission under Paragraph 
(a) of this Rule, the licensee remains responsible 
for satisfying the continuing education require- 
ment. However, when an administrative error or 
an incorrect report by a course sponsor results in 
the denial or withdrawal of continuing education 
credit for a licensee, the Commission may, upon 
request of the licensee, grant the licensee an 
extension of time to satisfy the continuing educa- 
tion requirement. 

(c) A licensee who obtains or attempts to obtain 
continuing education credit through misrepresenta- 
tion of fact, dishonesty or other improper conduct 
shall be subject to disciplinary action pursuant to 
G.S. 93A-6. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



.1711 



by the real estate licensing agency in his state of 
residence to fully satisfy the continuing education 
requirements described in Rules .0505 and . 1703 
of this Subchapter. 

(c) If the licensing agency in the licensee's state 
of residence does not approve courses for real 
estate continuing education, or if the licensee is 
not licensed jn his state of residence, the licensee 
may request that the Commission award continuing 
education credit for a course not approved by the 
Commission or for related educational activities as 
provided m Rule . 1708 of this Section. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

SUBCHAPTER 58C - REAL ESTATE 
PRELICENSESfG EDUCATION 

SECTION .0100 - SCHOOLS 

.0101 APPLICABILITY: REQUIREMENT 
FOR APPROVAL 

This Section applies to all schools, except private 
real estate schools, offering either real estate pre- 
pensing courses prescribed by G.S. 93a-4(a)^-ef 
appraisal prclicen s ing or pre certification courses 
pre s cribed by G.S. 93a 73(a) . In order for courses 
conducted by a school to be recognized as real 
estate pre-licensing courses or appraisal pre licens 
ing or pre certification courses by the Commis- 
sion, the school must obtain approval by the 
Commission prior to the commencement of any 
such courses. 



CONTINUESTG EDUCATION 
REQUIRED OF NONRESIDENT 
LICENSEES 

(a) Real estate brokers and salesmen licensed in 

North Carolina but residing in another state at the Statutory Authority G.S. 93A-4(a),(d). 

time they apply for license renewal who wish to 

renew their licenses on active status for a license .0102 APPLICATION FOR APPROVAL 

period beginning on or after July J_, 1995 may Schools seeking approval to conduct real estate 

pre-licensing courses or apprai s al pre licen s ing or 
pre certification courses must make written appli- 
cation to the Commission upon a form prescribed 
by the Commission. Schools shall submit a sepa- 
rate application for each separate department under 
which courses are to be conducted. 



fully satisfy the continuing education requirement 
by completing eight classroom hours of instruction 
in courses approved for continuing education credit 
by the real estate licensing agency in the licensee's 
state of residence. Credit for such education will 
be awarded only upon receipt of verification 
provided by the licensing agency jn the licensee's 
state of residence or by the official course sponsor 
that the licensee has satisfactorily completed the 
number of hours of continuing education for which 
the licensee desires the Commission to award 
credit. 

(b) When requesting to change an inactive 
license to active status, or when applying for 
reinstatement of a license expired for not more 
than 12 months, a nonresident broker or salesman 
may take continuing education courses approved 



Statutory Authority G.S. 93A-4(a),(d). 

.0103 CRITERIA FOR APPROVAL 

(a) After due investigation and consideration, 
approval shall be granted to a school when it is 
shown to the satisfaction of the Commission that: 

( 1 ) The school has submitted all informa- 
tion required by the Commission; 

(2) The school is a North Carolina post- 
secondary educational institution li- 



2429 



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March 15, 1994 



PROPOSED RULES 



censed or approved by the State Board 
of Community Colleges or the Board of 
Governors of the University of North 
Carolina or a North Carolina private 
business or trade school licensed under 
G.S. 1 15D-90; and 
(3) The courses to be conducted comply 
with the standards described in Section 
.0300 of this Subchapter, 
(b) A North Carolina college or university 
which grants a baccalaureate or higher degree with 
a major or minor in the field of real estate or a 
closely related field may request that appropriate 
real estate and related courses in its curriculum be 
approved by the Commission as equivalent to the 
real estate pre-licensing education program pre- 
scribed by G.S. 93A-4(a). Any such institution 
may al s o request that real estate apprai s al and 
related course s in its curriculum be approved by 
the Commission as equivalent to the appraiser pre 
licensing or pre certification education program 
prescribed by G.S. 93 A 73(a). The Commission 
may, in its discretion, grant such approval and 
may exempt such school from compliance with the 
course standards set forth in Section .0300 of this 
Subchapter. 

Statutory Authority G.S. 93A-4,(d). 

.0104 SCOPE: DURATION AND RENEWAL 
OF APPROVAL 

(a) Approval extends only to the courses and 
location reported in the application for school 
approval. 

(b) Commission approval of schools shall termi- 
nate on the second December 31 following the 
effective date of approval. 

(c) Schools must renew their approval to con- 
duct real estate pre-licensing courses or appraisal 
pre licen s ing or pre certification cour s e s by satisfy- 
ing the criteria for original approval described in 
Rule .0103 of this Section. In order to assure 
continuous approval, renewal applications should 
be filed with the Commission biennially according 
to a schedule established by the Executive Direc- 
tor. 

Statutory Authority G.S. 93A-4(a),(d). 

.0105 WITHDRAWAL OR DENIAL OF 
APPROVAL 

The Commission may deny or withdraw approval 
of any school upon finding that such school has: 
(1) refused or failed to comply with any of 
the provisions of Sections .0100 or .0300 



of this Subchapter; 

(2) obtained or used, or attempted to obtain 
or use, in any manner or form. North 
Carolina real estate or appraiser licensing 
or certification examination questions; or 

(3) compiled a licensing ef — ccrtifieation 
examination performance record for any 
annual reporting period which is substan- 
tially below the performance record of all 
first-time examination candidates. 

Statutory Authority G.S. 93A-4(a) ,(d). 

.0107 USE OF EXAMINATION 
PERFORMANCE DATA 

An approved school may utilize for advertising 
or promotional purposes licensing or certification 
examination performance data provided to the 
school by the Commission, provided that any 
disclosure of such data by the school must be 
accurate and must: 

(1) be limited to the annual examination 
performance data for the particular 
school and for all examination candidates 
in the state; 

(2) include the type of examination, the time 
period covered, the number of first-time 
candidates examined, and either the 
number or percentage of first-time candi- 
dates passing the examination; 

(3) state that the disclosed data was provided 
by the Commission; and 

(4) be presented in a manner that is not 
misleading. 

Statutory Authority G.S. 93A-4(a),(d). 

SECTION .0200 - PRIVATE REAL ESTATE 
SCHOOLS 

.0202 ORIGINAL APPLICATION FEE 

The original license application fee shall be two 
hundred dollars ($200.00) for each proposed 
school location and forty dollars ($40.00) for each 
real estate pre-licensing course and appraisal pre 
licensing and pre certification course for which the 
applicant requests approval. The fee shall be paid 
by certified check, bank check or money order 
payable to the North Carolina Real Estate Com- 
mission and is nonrefundable. The school may 
offer approved courses at any licensed school 
location as frequently as is desired during the 
licensing period without paying additional course 
fees. Requests for approval of additional courses 
which are submitted subsequent to filling an 



8:24 



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March 15, 1994 



2430 



PROPOSED RULES 



original license application shall be accompanied 
by the appropriate fee of forty dollars ($40.00) per 
course. 

Statutory Authority G.S. 93A-33; 93A-34(b). 

.0203 SCHOOL NAME 

The official name of any licensed private real 
estate school must contain the words "real estate" 
and other descriptive words which clearly identify 
the school as a real estate school and which distin- 
guish the school from other licensed private real 
estate schools. If the s choo l i s to conduct apprais 
al pre licensing or pre certification cour s e s and 
will not conduct real e s tate pre licensing courses. 
then — the — school — name — must — contain — the — word 
"appraisal" in addition to the words "real estate." 
The school name must be used in all school publi- 
cations and advertising. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33. 

.0204 COURSES 

Schools shall comply with the provisions of 
Section .0300 of this Subchapter regarding pre- 
pensing and pre certification courses. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33. 

.0214 ADVERTISING AND RECRUITMENT 
ACTIVITIES 

(a) A school may utilize for advertising or 
promotional purposes licensing ef — certification 
examination performance data provided to the 
school by the Commission, provided that any 
disclosure of such data by the school must be 
accurate and must: 

(1) be limited to the annual examination 
performance data for the particular 
school and for all examination candi- 
dates in the state; 

(2) include the type of examination, the 
time period covered, the number of 
first-time candidates examined, and 
either the number or percentage of first- 
time candidates passing the examina- 
tion; 

(3) state that the disclosed data was provid- 
ed by the Commission; and 

(4) be presented in a manner that is not 
misleading. 

(b) Schools shall not make or publish, by way of 
advertising or otherwise, any false or misleading 
statement regarding employment opportunities 
which may be available as a result of successful 



completion of a course offered by that school or 
acquisition of a real estate license^ or an appraiser 
license or certificate. 

(c) Schools shall not use endorsements or rec- 
ommendations of any person or organization, by 
way of advertising or otherwise, unless such 
person or organization has consented in writing to 
the use of the endorsement or recommendation and 
is not compensated for such use. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33. 

.0218 LICENSING EXAM 

CONFIDENTIALITY: SCHOOL 
PERFORM. /LICENSrNG 

(a) Schools shall not obtain or use, or attempt to 
obtain or use, in any manner or form. North 
Carolina real estate &f — appraiser licensing e? 
certification examination questions. 

(b) Schools must maintain a satisfactory perfor- 
mance record on the real estate and appraiser 
licensing and certification examinations. A school 
performance record that is substantially below the 
performance record of all first-time examination 
candidates during any annual reporting period shall 
be considered unsatisfactory under this Rule. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33. 

SECTION .0300 - PRE-LICENSrNG AND 
PRE-CERTIFICATION COURSES 

.0301 PURPOSE AND APPLICABILITY 

This Section establishes minimum standards for 
real estate pre-licensing courses prescribed by G.S. 
93A-4(a) and — appraisal — pre licen s ing — and — pte- 
ccrtificntion courses prescribed by G.S. 93A 73(a) . 
Except where a school is approved under Rule 
.0103(b) of this Subchapter, these course standards 
must be satisfied in order for a school to be ap- 
proved or licensed, as appropriate, to conduct real 
estate pre-licensing courses or apprai s al pre l i cen s 
ing or pre certification courses . Except for the 
s pecific exception s s tated in Rule .0 4 03(a) of this 
Subchapter, these course standard s are al s o appli 
cable to apprai s al trade organization cour s es that 
are recognized under Section .0 4 00 of this Sub 
chapter a s equivalent to the appraisal pre licensing 
and pre certification cour s e s pre s cribed in Rule. 
0302(b) and (c) of this Section. The Commi ss ion 



4+ 



ftftd 



will recognize real e s tate pre licensing courses 
appraisal pre licen s ing and pre certification cour s 
es, as well as equivalent appraisal trad e organiza 
tion cour s e s , only if s uch cour s e s comply with 
these standards. 



2431 



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March 15, 1994 



PROPOSED RULES 



Statutory Authority G.S. 93A-4(a),(d). 

.0302 PROGRAM STRUCTURING 

(a) Real estate pre-licensing education programs 
must be structured as prescribed in G.S. 93A-4(a). 
Completion of the salesman course within the 
previous five years or possession of a current 
salesman license must be a prerequisite for enroll- 
ment in the advanced broker courses. 

fb} — Except as provided in Paragraph (d) of thi s 
Rule, residential apprai s er pre licensing/pre certifi 
cation education programs must include the follow 
ing three course s , each involving a minimum of 30 
cla ss room hours in order for a school to be op 
proved or licen s ed, a s appropriate, to conduct a 
residential — appraiser — preliccn s ing/precertification 
program : 

fl-) Introduction to Real E s tate Appraisal; 

(3) Valuation — Principles and — Procedure s ; 

ft no 

{¥) Applied Residential Property Valuation. 

These courses mu s t be completed s equentially in 
the order li s ted. 

fe-) — Except as provided in Paragraph (d) of this 
Rule, general appraiser pre certification education 
programs must include the following three cour s e s , 
each involving a minimum of 30 classroom hours, 
in addition to the three residential apprai s er cour s 
es prescribed in Paragraph (b) of thi s Rule, in 
order for a school to be approved or licensed, as 
appropriate, — te — conduct — a — general — appraiser 
precertification program: 

f^) Introduction to Income Property Ap 

prai s al; 

{3} Advanced Income Capitalization Procc 

dures; and 

0) Applied Income Property Valuation. 

These cour s e mu s t be completed sequentially in the 
order — listed — and — completion — of the — residential 
appraiser courses within the previous five years or 
po ss e ss ion of a current apprai s er licen s e must be 
a prerequisite for enrollment in the general ap 
prai s er cour s e s . 

(d) — If college credit is to be granted for an 
appraisal pre licen s ing or pre certification educa 
tion program to be offered by a college, university 
or community college, the school — may request 
approval to structure such program in a manner 
different from that pre s cribed in Paragraph s (b) 

and (c) of this Rule. To be approved by the 

Commission, the Propo s ed program structure mu s t 
satisfy the minimum cla s sroom hour requirements 
for such program s , mu s t provide for appropriate 
cour s e title s . — aftd — must provide for subject are 
coverage and enrollment — prerequisites — that are 



comparable to the requirements for programs that 
arc structured a s de s cribed in Paragraphs (b) and 
(c) of thi s Rule. 

(e) Afl — exception — te — the — course — prerequisite 

requirements stated in Paragraphs (b) and (c) of 
thi s Rule or established under Paragraph (d) of thi s 
Rule shall be permitted only when the person 
desiring — the exception — bes — obtained — from — the 
Commi ss ion an exemption from the prerequisite 
course(s) which the person would normally be 
required to have completed. — A cour s e exemption 
will be granted only upon a finding by the Com 
mission that the person po s ses s es appraisal educa 
tion equivalent to the cour s e( s ) for which the 

exemption is requested. A request for course 

exemption mu s t be mad e on a form prescribed by 
th e Commi ss ion. — If a request for course exemp 
tion is granted, the person granted the exempt i on 
may pre s ent the notice of course exemption issued 
by the Commission to any approved or licensed 
s chool in order to obtain the desired exception to 
the normal prerequisite requirements. 

Authority G.S. 93A-4(a), (d); 93A-33; 12 U.S.C. 
3332, 3345, and 3347; 12 C.F.R. 34.42. 

.0303 COURSE CONTENT 

(a) All courses shall consist of instruction in the 
subject area and at the competency and instruction- 
al levels prescribed in the Commission's course 
syllabi. 

(b) Courses may also include coverage of 
additional related subject areas not prescribed by 
the Commission; however, any such course must 
provide additional class time above the minimum 
requirement of 30 classroom hours for the cover- 
age of such additional subject areas. 

(c) Classroom time and instructional materials 
may be utilized for instructional purposes only and 
not for promoting the interests of or recruiting 
employees or members for any particular real 
estate broker, real estate brokerage firm T or real 
estate franchiser apprai s er, — appraisal — §«« — ef 
appraisal trade organization . 

Statutory Authority G.S. 93A-4(a).(d); 93A-33. 

.0305 COURSE SCHEDULING 

(a) All courses must have fixed beginning and 
ending dates, and schools may not utilize a sched- 
uling system that allows students to enroll late for 
a course and then complete their course work in a 
subsequently scheduled course. Late enrollment is 
permitted only if the enrolling student can satisfy 
the minimum attendance requirement set forth in 



8:24 



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March 15, 1994 



2432 



PROPOSED RULES 



Rule .0304(c) of this Section. 

(b) Real estate pre-licensing courses may not 
have class meetings that exceed six classroom 
hours in any given day and 18 classroom hours in 
any given seven-day period. 

fe) — Appraisal pre licensing and pre certification 
courses may not have cla s s meetings that exceed 
eight classroom hours in any given day and 30 
classroom hours in any given s even day period. 

(c) fd) A classroom hour consists of 50 minutes 
of classroom instruction and ten minutes of break 
time. For any class meeting that exceeds 50 
minutes in duration, breaks at the rate of ten 
minutes per hour must be scheduled and taken at 
reasonable times. 

Statutory Authority G.S. 93A-4(a),(d). 

.0308 APPRAISAL INSTRUCTORS 

(*) — Except as ind i cat e d in Paragraph (b) of this 
Rule, all appraisal pr e lic e nsing and pre oertifiea 
tion cour s e s must b e taught by instructors who 
possess good moral character and e ith e r th e mini 
mum appraisal education and e xp e riono e qualifioa 
tions list e d in thi s Rule or oth e r qualifications that 
are found by the Commission to b e e quival e nt to 
thos e list e d. Th e s e qualification r e quir e m e nts must 
be met on a continuing basis. — For a previously 
approved — instructor, — exp e ri e nce in teaohing ap 
praisal cours e s may b e substituted for any r e quir e d 
appraisal exp e ri e nc e wh e n a s chool is s ee king 
continu e d approval of th e in s tructor. — The mini 
mum qualifications are as follows: 

fH Residential apprais e r cours e s: 90 class 

room — hours — ef- — FeaJ — e stat e — appraisal 
e ducation equivalent to th e residential 
apprais e r e ducation program prescrib e d 
in Rule .0302(b) of this Section and 



ith e r two 



full time 



Of 



e itn e r two years rull time exp e ri e nc e as 
a r es id e ntial real e s tate appraiser within 
th e pr e vious fiv e years or thr ee years' 
full tim e e xp e ri e nc e as a g e neral r e al 
estate apprais e r within th e pr e vious five 
y e ars, — with at least on e half of such 
exp e ri e nce b e ing in r e sid e ntial property 
apprai s ing. After July 1, 1991, instruc 
tor s mu s t al s o b e e ith e r stat e c e rtifi e d 
re s idential or state certified g e n e ral r e al 
estate apprais e rs. 

G e neral apprais e r cours e s: — 1 8 class 
room — hours — of real — e stat e — appraisal 
e ducation — e quival e nt — te — the — gen e ral 
apprai se r e ducation program pr e scribed 
in Rul e .0302(c) of this Section and 
thr ee year s ' full tim e e xp e ri e nc e as a 



general real estate appraiser within the 
previous five years, with at least one - 
third of such experience being in in 
come property appraising. — After July 
1, 1991, in s tructors must also be state 
certified general real e s tate appraisers. 

{&) Guest lecturers who do not possess the 

qualifications stated in paragraph (a) of this Rule 
may be utilized to teach collectively up to one 
third of any course, provided that each — gue s t 
lecturer pos s esses experience directly related to the 
particu l ar subject area he is teaching. 

Statutory Authority G. S. 93A-33; 93A-75(a). 

.0309 CERTIFICATION OF COURSE 
COMPLETION 

Applicants for licensure or certification must 
provide verification of satisfactory course comple- 
tion on an official certificate in a format prescribed 
by the Commission. Such certificates will not be 
accepted if they were issued to students prior to 
the last scheduled class meeting of a course. 
Certificates of course completion submitted to the 
Commission must be on the official stationary of 
the school and must have the original signature or 
signature stamp of the dean, director, department 
head or other official responsible for supervising 
the conduct of the course. 

Statutory Authority G.S. 93A-4(a),(d); 93A-33. 

SECTION .0400 - APPRAISAL TRADE 
ORGANIZATION COURSES 

.0401 PURPOSE AND APPLICABILITY 

This Section e s tabli s hes procedures by which an 
appraisal trade organization may seek recognition 
of its apprai s al courses as equivalent to the ap 
prai s al pre licensing and pre certification courses 
required by G.S. 93A 73(a) and specified in Rule 
.0302 of this Subchapter. — By obtaining equivalent 
recognition of its courses under thi s Section, an 
apprai s al trade organization may facilitate for its 
members the process of qualifying for apprai s er 
licensure — ef — certification — m — North — Carolina. 
Appraisal trade organizations may not, however, 
utilize the procedures establi s hed in thi s Section to 
obtain — approval — te — conduct — the — apprai s al — pfe- 
licensing and pre certification courses prescribed 
by G.S. 93 A 73(a) and s pecified in Rule .0302 of 
this Subchapter. — In order to conduct such courses, 
apprai s al trade organizations must obtain a private 
real estate school license as required by G.S. 93 A 

Mr 



2433 



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NORTH CAROLINA REGISTER 



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PROPOSED RULES 



Statutory Authority G.S. 93A-75(a). 

.0402 APPLICATION AND FEE 

(a-) — Appraisal trade organizations seeking reeog 
nition — of their course s — as — equivalent — te — North 
Carolina appraisal pre licensing and pre certifica 
tion courses must make written application to th e 
Commission on a form prescribed by the Commi s 
s ion. — Application must be made by an authorized 
administrative official from the principal office of 
the apprai s al trade organization. — Application s will 
not be accepted from a chapter or other subsidiary 
of an apprai s al trade organization. 

<-b) — The original application fee shall be two 
hundred fifty dollars ($250.00) for each course 
which — the — Commission — is — being — requested — te 
evaluate and recognize. — The fee shall be paid by 
certified — check, — bank — check, — ©f — money — order 
payable to the North Carolina Real Estate Com 
mission and i s nonrefundable. — An organization 
may offer recognized equivalent cour s e s a s fre 
quently as is de s ired during the period for which 
recognition i s granted without paying additional 
course fees. 

Statutory Authority G.S. 93A-75(a) and (b). 

.0403 CRITERIA FOR COURSE 
RECOGNITION 

(a) Appraisal trade organization courses must be 
found — by — the — Commission — te — be — s ub s tantially 
equivalent to the appraisal pre licensing and pre 
certification courses prescribed in Rule .0302(b) 
and (c) of thi s Subchapter. — Such course s must be 
conducted in accordance with the minimum course 
standards — pre s cribed — m — Section — .0300 — of this 
Subchapter, provided that the following exceptions 
to tho s e standards shall apply: 

fH Apprai s al trade organization education 

program s may be structured differently 
from the program s tructure prescribed 
in Rule .0302(b) and (c) of this Sub 
chapter; — however, the programs mu s t 
provide for appropriate prerequisites for 
advanced courses and each — appraisal 
trade — organization — course — tef — which 
commi ss ion recognition is sought must 
consist of a minimum of 15 classroom 
hours. 

f2-) Appraisal — trade — organization — courses 

may be — s cheduled — in a manner that 
provides for cla s s meetings of up to 
eight cla ss room hours in any given day 
and 4 classroom hours in any given 
seven day period; however, equivalent 



credit for cour s e s s cheduled for more 
than 30 classroom hours per seven day 
period will be limited to 30 cla ss room 
hours per s even day period. 

f^) Instructor qualifications will generally 

not be approved by the Commission on 
an individual ba s is; however, the ap 
praisal — trade — organization — must — have 
and enforce written in s tructor qualifica 
tion requirement s that arc equivalent to 
tho s e pre s cribed in Rule .0308 of this 
Subchapter. 

{4} Appraisal trade organizations arc — net 

s ubject to the 90 day limit for allowing 

s tudents to make up a missed course 

examination or to retake a failed course 

examination — without — repeating — the 

course; — however, — the — apprai s al — trade 

organization must have an appropriate 

written policy regarding thi s matt e r. 

{b) — The apprai s al trade organization mu s t have 

and enforce written policies which require their 

courses to be conducted in clas s room facilities that 

provide an appropriate learning environment. 

fei — The apprai s al trade organization must have 
written policies with regard to cour s e cancellation 
and the refund of tuition and other cour s e fee s . 
Such — policie s — mu s t — be — provided — te — pro s pective 
s tudents prior to acceptance of any fees from s uch 
prospective — students and the organization — must 
enforce — s uch — policies — m — a fair — and — rea s onable 
manner. 

fd-) Various combination s of appraisal — trade 

organization courses may be recognized a s equiva 
lent to single North Carolina appraisal pre licens 
ing or pre certification courses or to the North 
Carolina appraisal prelieen s ing (residential apprais 
er) or apprai s al pre certification (general appraiser) 
education — programs; — however, — equivalent — credit 
will be granted only in increments of 30 classroom 
hours. 

Statutory Authority G.S. 93A-75(a). 

.0404 CHANGES DURING THE 
RECOGNITION PERIOD 

Appraisal trade organizations must obtain ad 
vanee — approval — from — the — Commi ss ion — tef — any 
changes — te — be — mad e — hi — commission recognized 
equivalent course s with regard to program struc 
turing, — course — content. — course completion — s tan 
dnrds, textbooks or course material s , or in s tructor 
qualification requirements. — Requests for approval 
of such changes must be in writing. 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2434 



PROPOSED RULES 



Statutory Authority G.S. 93A-75(a). 

.0405 ADVERTISING OF RECOGNITION 
AND EXAMINATION 
PERFORMANCE 

fa) — An organization that ha s obtained commi s 
sion recognition of its courses under this Section 
may advertise that such courses are "recognized" 
for equivalent credit toward the requirements for 
initia l North Carolina real e s tat e apprai s er lieen 
sure or certification. — Such adverti s ement may not, 
however, s tate that such cour s es arc "approved" 
North — Carolina — apprai s al — pre licensing — ef — pfe- 
ccrtifieation course s . 

fb) — An organization that has obtained commis 
sion recognition of its courses under thi s Section 
may utilize for adverti s ing or promotional purposes 
l icensing or certification examination performance 
data provided to the organization by the Commis 
s ion, provided that any disclosure of such data by 
the organization must be accurate and mu s t: 

f+) be limited to the annual examination 

performance — data — fef — the — particular 
organization — and — fef — a+l — examination 
candidates in the state; 

ex 



m- 



-the 



include the type of examination, 
ttme — period — covered, — the number of 
fir s t time — candidates — examined, — and 
either the number or percentage of first 
time candidates passing the cxamina 
t ton , 



&■ 



s tate that the disclosed data was provid 
ed by the Commi s sion; and 

(4) be presented in a manner that is not 

misleading. 

Statutory Authority G.S. 93A-75(a). 

.0406 RENEWAL OF COMMISSION 
RECOGNITION: FEE 

fa) — Commission recognition of appraisal trade 
organization courses expires on the next June 30 
following the date of i ss uance, except that approv - 
als granted prior to July 1, 1990 shall not expire 
1991 . — In order to a ss ure continuou s 



intil Ji 



^Qr 



recognition of cour s e s , applications for renewal of 
commi ss ion — recognition, — accompanied — by — the 
prescribed renewal fee, s hould be filed with the 
Commis s ion annually on or before June 1 . — Incom 
plete renewal applications which arc not completed 
by July 1 shall be treated as original applications. 
fh) — The annual fee for renewal of commission 
recogn i tion — shaH — be — efte — hundred — twenty five 
dollar s ($125.00) for each course for which renew 
al of commission recognition i s reque s ted. The fee 



s hall be paid by check payable to the North Caroli 
na Real Estate Commi ss ion and is nonrefundable. 
If the organization requests commis s ion recogni 
tion of additional courses for which recognition 
was not granted in the previous year, the fee for 
3uch additional courses is two hundred fifty dollar s 
($250.00) per course. 

Statutory Authority G.S. 93A-75(a) and (h). 

.0407 WITHDRAWAL OR DENIAL OF 
COMMISSION RECOGNITION 

The Commi ss ion may deny or withdraw recogni 
tion of any apprai s al trade organization cour s es 
upon finding that: 

f-M fee — organization — has — made — afty — fal s e 

statements or presented any fal s e infer 
motion in connection with an application 
for commission recognition of its cours 



69* 



f3) th e organization ha s refused or failed to 

comply with any of the provision s of this 



m- 



Section; 

-th- 



ic organization' s courses do not comply 
with the course s tandards prescribed in 
Rule .0 4 03 of this Section and Section 
.0300 of thi s Subchapter; 

(4) the organization has obtained or u s ed, or 

attempted to obtain or use, in any manner 
or form. North Carolina appraiser licens 
tftg — ef — certification — examination — qucs 
tions; or 



#)- 



the organization ha s compiled an apprais 
er licensing or certification examination 



3crformance record for 



wal- 



■any- 

porting — period — which — is — substantially 
below the performance record of all first 
time examination candidate s . 



Statutory Authority G.S. 93A-75(a). 

SUBCHAPTER 58D - REAL ESTATE 
APPRAISERS 

SECTION .0100 - APPLICATION FOR 
APPRAISER LICENSE OR CERTIFICATE 

.0101 FORM 

A person who wishes to file an application for a 
feal — estate appraiser — license — or certificate — may 
obtain — the — required — form — upon — request — te — the 
Commission. — In general, the form call s for infer 



mation s uch a s the applicant' s nam e and uddrc ss , 
the applicant's social security number, a recent 
passport size photograph of the applicant, places of 



2435 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



residence and employment, education, and such 
other information as may be necessary to identify 
the applicant and determine his qualification s and 
fitness for licensure or certification. 

Statutory Authority- G.S. 93A-73(a); 93A-77. 

.0102 FILING AND FEES 

(a) — Properly completed application s — mu s t be 
received in the Commission's office or postmarked 
not later than the filing date established by the 
Executive Director for a s cheduled examination 
and must be accompanied by the appropriate fee. 
Once the application has been filed and proce s sed, 
the application fee may not be refunded. 

(b) The following fees shall be charged: 

H-) application — fef — original — residential 

appraiser license $150.00 

f3-) application — for — original — residential 

appraiser certificate $150.00 

Qj application for original general apprais 

er certificat e $150.00 

(c) Payment of application fees shall be made by 
certified cheek, bank check or money order pay 
able to the North Carolina Real Estate Commis 
s ion. 

Statutory- Authority G.S. 93A-73(a),(b); 93A-77. 

SECTION .0200 - APPRAISER LICENSING 
AND CERTIFICATION 

.0201 QUALIFICATIONS FOR APPRAISER 
LICENSURE AND CERTIFICATION 

fa) — Applicants for licensure as a s tate licensed 
residential real e s tate appraiser and for certification 
as a state certified real e s tate appraiser mu s t s ati s fy 
the — qualification — requirements — stated — m — G.S. 
93A 73 as further set forth in Subparagraphs (a) 
(1), (2) and (3) of thi s Rule, provided however 
that licensure as a state licensed residential real 
e s tate apprai s er i s not a prerequi s ite for certifica 
tion as a state certified residential or general real 
e s tate appraiser: 

{4-) Applicants fef licensure as a 

s tate licen s ed — re s idential — real — estate 
apprai s er s hall have completed, within 
the five year period immediately pre 
ceding the date application i s — made, 
cour s e s in Introduction to Real E s tate 
Appraisal, — Valuation — Principle s — and 
Practice s , — and — Applied — Re s idential 
Property Valuation each consi s ting of at 
l e a s t 30 cla ss room hours of instruction, 
or appraisal — education — found by the 



m- 



&- 



Commission to be equivalent to such 
cour s e s ; and have at least 2.000 hours 
of appraisal experience. 
Applicants — fef — certification — as — a 
s tate certified — residential — peal — e s tate 
appraiser. — within the five year period 
immediately preceding the date applica 
ttefi — ts — made. — s hall — have — completed 
those courses required for licensure as 
a s tate licensed re s idential — real — estate 
apprai s er or equivalent education and. 
in addition, a course in Introduction to 
Income Property Appraisal consi s ting of 
at least 30 cla ss room hours of in s truc 
tion or equivalent education; and shall 
have obtained at least 2.000 hours of 
appraisal — experience — acquired over a 
minimum period of two calendar years. 
Applicant s — fef — certification — as — a 
state certified — general — real — es tate — ap- 
p raiser. — within — the — five year — period 
immediately preceding the date applica 
t+efi — is — made. — shall — have — completed 
those courses required for certification 
as a state certified residential real estate 
appraiser or equivalent education and, 
in addition, course s in Advanced In 
come — Capitalization — Procedures — and 
Applied — Income — Property — Valuation 
each consisting of at lea s t 30 classroom 
hours of in s truction or equivalent edu - 
cation; and shall have obtained at least 
2.000 — hours — of appraisal — experience 
acquired over a minimum period of two 
calendar years of which at least 50 
percent mu s t have been in appraising 
non residential real estate. 
{bj — When a state licensed real e s tate apprai s er 
becomes certified as a s tate certified real e s tate 
apprai s er, — h4s — licen s ure — skaH — be — immediately 
cancelled by the Commi ss ion and he mu s t return 
hi s licen s e certificate and any pocket renewal card 
to the Commission within ten days of the date of 
certification as a state certified real e s tate apprais 



Authority G.S. 93A-73; 93A-77; 12 U.S.C. 3332. 
3345, and 3347; 12 C.F.R. 34.42. 

.0202 CHARACTER 

fa) — At a meeting of the Appraisal Board follow 
ing each real estate appraiser licensing or certifica 
tion examination, the applicant s who have pa ss ed 
the examination shall be considered for licen s ing 
or certification. — When the moral character of an 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2436 



PROPOSED RULES 



applicant is in question, act i on by the Board will 
bo deferred until the applicant has affirmatively 
demon s trated that he possesses the requi s ite truth 
fulness, honesty and integrity. 

fb} — When the moral character of an applicant i s 
i n question, the Board shall notify the applicant 
and the applicant shall be entitled to demonstrate 
his character and fitness for licensure or certifica 
tion at a hearing before the Board. 

(c) Notice to the applicant that hi s moral eharae 
ter i s in quest i on s hall be in writing, — s ent by 
certified — mail, — return — receipt — requested, — te — the 
addre ss shown upon the application. The applicant 
shall have 60 day s from the date of rece i pt of thi s 
notice to — request a hearing — before the — Board. 
Failure to reque s t a hearing within thi s time s hall 
constitute a waiver of the applicant's right to a 
hearing on his application for licensing or ccrtifi 
cation, and the application shall be deemed denied. 
Nothing in thi s Rule shall be interpreted to prevent 
an applicant — from — re applying for licensure or 
certification. 



Statutory Authority G.S. 93A-73(c); 93A-77. 

.0203 LICENSE AND CERTIFICATE 
RENEWAL 

(a) A holder of an apprai s er license or certificate 
desiring the renewal of such license or certificate 
shall, during the month of June, apply for s ame in 
writing upon a form approved by the Commission 
and s hall forward the required fee of one hundre d 

dollar s — ($100.00). Forms — are — available — upon 

reque s t to the Commission. 

fh) — Aa a condition of renewal, all licensees and 
certificate holders, either active or inactive, re s i 
dent or non resident, s hall be required to s ati s fy 
the continuing education requirements s et forth in 
Rule .020 4 of thi s Section. 

fe) An applicant applying for renewal — of a 

licen s e or certificate obtained by rec i procity mu s t 
s ubmit — with — the — renewal — application — a current 
licen s e — hi s tory — from — the — appraiser — regulatory 
authority of the s tate upon whose qualification 
requirement s the reciprocal license or certificate 
wa s granted s howing that the app l icant i s currently 
licen s ed or certified in good standing. — Submission 
of fal s e or misleading information to the Board in 
connect i on with l icen s e or certificate renewal s hal l 
constitute grounds for disciplinary action. 



North Carolina General Statutes. 



Statutory Authority G.S. 93A-74(a).(b); 93A-77. 



(d) Any per s on who act3 or holds himself out a s 
a state licen s ed or state certified real e s tate ap 
prai s er while hi s appraiser license or certificate i s 
expired will be subject to disciplinary action and 
penalt i e s a s pre s cribed — in Chapter 93A of the 



.0204 CONTINUING EDUCATION 



(a) All real estate apprai s er licensees and ccrtifi 
cate holders shall, upon the s econd renewal of 
their l icense or certificate following their initial 
licensure or certification by the Commi ss ion, and 
upon each subs e quent renewal, present evidence 
satisfactory to the Commi ss ion of having obtained, 

w i th i n the immediately preceding licens 

ing/certification period (July 1 — June 30) educat i on 
consisting of at lea s t ten clas s room hours of in 
s truct i on. — Except a s provided in Paragraphs (f) 
and (g) of this Rul e , s uch education mu s t have 
be e n obtained by taking courses approved by the 
Commi ssi on for continuing education purpo s e s . 
Such education mu s t relate to real estate apprai s al 
and must contribute to the goal of improving the 
knowledge, s kill and competence of s tate licen s ed 
and s tate certified real e s tate apprai s er s . — There is 
no — exemption — from — the — continuing — education 
requirement — fef — apprai s er s — who s e — licensed — ©f 
certified status has been upgraded to the level of 
certified residential or c e rtified general appraiser 
s ince the i ss uance or most recent renewal of the i r 
license or certificate, and cour s e s taken to satisfy 
the requirements of a higher level of certification 
may not be applied toward th e annual continuing 
e ducation requirement. 

(b) Each apprai s al continuing education cour se 
mu s t involve a minimum of three and one half 
cla ss room — hour s — ©f- — in s truction — efi — real — estate 
appraisal or related topics such a s the applicat i on 
of apprai s al — concept s — artd — methodology — te — the 
apprai s al of variou s type s of property; specialized 
apprai s al — technique s ; — laws. — rules, — or guidelines 
relating to apprai s al; — s tandards of practice — and 
ethics; building construction; financial or inv es t 
ment — analy s i s . — tend — use — planning — ©f — contro ls ; 
fea s ibility — analy s i s ; — statistics; — accounting; — and 
si milar topic s . — The license or certificate holder 
must have attended at — l ea s t 90 percent of the 
s cheduled cla ss room hours for the cour s e in order 
to receive credit for the cour s e. 

(c) No carry over to a future year of excess 
continuing education cred i t hour s obtained in a 
previou s year i s permitted. — A minimum of ten 
hours of continuing education must be obtained 
during each year. 

f4) — Course sponsors must provide a prescribed 
certificate of cour s e completion to each licen s ee 
and certificate holder satisfactorily completing a 
cour s e. — The licen s ee or certificate holder s hould 



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PROPOSED RULES 



submit the original of this certificate to the Com 
mission as soon as possible after completing the 
course and must submit s uch certificate not later 
than the next June 30 following course completion. 
In order to renew a license or certificate in a 
timely manner, the Commission mu s t have re 
ceived — from — the — licensee — ef — certificate — holder 
proper — proof of his — having — fully — satisfied — the 
continuing education requirement prior to process 
ing his licen s e or certificate renewal application. 
If a licensee or certificate holder fails to provide 
by June 30 of any year proper proof of having 
fully satisfied the continuing education require 
ment, his license or certificate will expire as of 
that date and he will be s ubject to the provi s ions of 
Rules .0203(d) and .0206 of this Section. 

{©} — A course may be taken only once for contin 
uing education credit within a three year period. 

ff-) — A current or former licensee or certificate 
holder may request that the Commission grant 
continuing education credit for a cour s e taken by 
the licensee or certificate holder that is not ap 
proved by the Commission, or for apprai s al educa 
tion activity equivalent to a Commission approved 
course, by making s uch request on a form pre 
scr i bed by the Commis s ion and submitting a non 
refundable fee of fifty dollars ($50.00) for each 
course or type of appraisal education activity to be 
evaluated. — Continuing education credit for a non 
approved course will b e granted only if the licens 
e e or certificate holder provide s satisfactory proof 
of cour s e completion and the Commi ss ion find s 
that — the — cour s e — s atisfie s — the — requirements — tef 
approval of appraisal continuing education cour s e s 
with — regard — te — s ubject — matter, — course — length, 
in s tructor qualifications, and student attendance. 
Apprai s al education activities for which credit may 
be awarded include, but are not limited to, teach 
mg — appraisal — courses, — authorship — of appraisal 
textbooks, and development of instructional matcri 
al s on apprai s al subjects. — The awarding of credit 
for such activities is wholly di s cretionary on the 
part of th e Commission. — Licensed or certified 
appraiser s who between July 1 and June 30 of the 
period for which continuing education credit is 
requested — have — taught — an — apprai s al — cour se — ef 
courses approved by the Commi ss ion for continu 
ing education credit will be deemed to have taken 
an equivalent course and will not be subject to the 
fifty dollar ($50.00) fee, provided they submit 
verification — satisfactory — te — the — Commi s sion — ef 
having taught the cour s e( s ). 

fg-) — A state licen s ed or state certified re s idential 
real e s tate apprai s er may fully s atisfy the continu 
ing education requirement by taking the Applied 



Re s idential Property Valuation (R 3) pre licensing 
and pre certification course, provided that he has 
not taken such course within the previous three 
year s . — A s tate certified general real estate apprais 
ef — may — fully — satisfy — the — continuing — education 
requirement by taking either the Applied Re s iden 
tial Valuation (R 3) pre licensing and pre certifica 
tion course or the Applied Income Property Valua 
tion (G 3) pre certification course, provided that he 
has not taken either of the s e courses within the 
previous three years. 

ih) — A licen s ee or certificate holder may reque s t 
in writing and be granted an extension of time to 
satisfy the continuing education requirements if he 
provides evidence satisfactory to the Commis s ion 
that he was unable to obtain the necessary educa 
ttefi — dtje — te — an — incapacitating — illness, — military 
assignment outside the 50 states, or similar condi 

tion. If an exten s ion of time is granted, the 

licensee or certificate holder will be permitted to 
renew or reinstate, a s appropriate, his license or 
certificate for that period of time for which th e 

extension was granted. The granting of s uch 

request and the length of any exten s ion of time 
granted are wholly di s cretionary on the part of the 
Commi ss ion. 

Statutory Authority G.S. 93A-74(a),(h); 93A-75(d); 
93A-77. 

.0205 INACTIVE STATUS 

ta) — A licen s ee or certificate holder s hall be 
assigned by the Commission to inactive s tatu s upon 
written reque s t to the Commission. 

ib) — A licensee or certificate holder whose ap 
prai s er license or certificate is on inactive s tatu s 
shall be returned to active s tatu s upon making a 
written reque s t to the Commission. 

fe) — A licensee or certificate holder on inactive 
s tatu s s hall not be entitled to act as a state licensed 
or state certified real estate appraiser; however, in 
order to continue to hold an apprai s er license or 
certificate, the licensee or certificate holder who s e 
license or certificate is on inactive statu s mu s t 
renew hi s license or certificate, including payment 
of the prescribed renewal fee and completion of all 
continuing education. 

{4j The — Commi s sion — may — take — di s ciplinary 

action again s t a licensee or certificate holder on 
inactive s tatu s . 

Statutory Authority G.S. 93A-77. 

.0206 EXPIRED LICENSE OR 
CERTIFICATE 



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March 15, 1994 



2438 



PROPOSED RILES 



fa) — Expired real estate appraiser licenses and 
certificates may be reinstated within 12 month s 
after expirat i on upon proper appl i cation, payment 
to the Commission of the one hundred dollar 
($100.00) renewal fee plus a late filing tee of t e n 
dollars ($10.00) per month for each month or part 
thereof that such license or certificate is lap s ed. 
aftd — prov i s i on — of proof of having — obtained — tae 
continuing education that — would have been re 
quired had the l i cense or certificate been continu 
ou s ly renewed. 

fb) — Licenses and certificates expired for more 
than 12 months may be considered for reinstate 
ment upon proper application, payment of the one 
hundred fifty dollar ($150.00) original license or 
certificate fee. payment of the one hundred twenty 
dollar ($120.00) late filing fee. and prov is ion of 
proof of — having — obtained — continuing — education 
equal to the total number of c l a s sroom hours that 
would have been — required — had the — lic e n s e — &f 

certificate — been — continuously — renewed. Such 

appl i cation s will be reviewed by the Commis s ion 
te — determin e — whether — an — examination — and/or 
additional rea l e s tate apprai s al education will be 
required. 

Statutory Authority G.S. 93A-74(b),(c); 93A-75(J); 
93A-77. 

.0207 PAYMENT OF LICENSE AND 
CERTIFICATE FEES 

Checks given the Commi ss ion in payment of real 
estate apprai s er license and certificate fee s which 
arc returned unpaid s hall be considered cause for 
licen s e or certificate denial, s u s pen s ion, or revoca 
t ion . 

Statutory Authority G.S. 93A-77. 

.0208 REPLACEMENT LICENSE OR 
CERTIFICATE FEE 

A licen s ee or certificate holder may. by filing a 
prescribed form and paying a five dollar ($5.00) 
fee to the Commi ss ion, obtain a duplicate real 
estate appraiser license or certificate or pocket 
card to replace an original license certificate or 
pocket card — which — has — been — lesf; — damaged — of 
destroyed or if the name of the licen s ee or certifi 
eate ho l der ha s been lawfully changed. 

Statutory Authority G.S. 93A-74(d); 93A-77. 

.0209 FEDERAL APPRAISER REGISTRY 

Licensees and certificate holders who are quali 
fied for enrollment in the federal roster or regi s try 



of state l i cen s ed — and — s tate certified — real — estate 
apprai s ers may apply for enrollment or for the 
renewa l or reinstatement of such enrollment in 
writing upon a form approved by the Commission 
accompanied by the fee establish e d for that pur 
po s e by the appropriate federal agency or in s tru - 
mentality. 

Statutory Authority G.S. 93A-79(c); 93A-77. 

.0210 TEMPORARY PRACTICE 

fa) — A real e s tate appraiser from another state 
whe — hs — licensed — ©f — certified — by — tiw — appraiser 
licensing or certifying agency in such state may 
apply for regi s tration to receive temporary apprais 
er licensing or certification privilege s in this State 
by fil i ng with the Commi s sion a notarized applica 
tion on a form pre s cribed by the Commis s ion for 
such purpose which shall set forth and include: 



m- 



the applicant' s — nam e . — address. — s ocial 



security number and such other infer 
motion as may be nece ss ary to identify 
the applicant; 

f3) an original s tatement by the appraiser 

licensing or certifying agency — in the 
applicant' s re s ident s tate issued under 
s eal no more than thirty day s prior to 
the application date s etting forth: 
fA) — the applicant's name, business name 

and addre ss ; 
fB) — the type license or certificate held by 

the applicant and the licen s e or certifi 

cate number; 
fC-) — the date s of licen s ure or certification 

and — the — expiration — date — ef- — the 

app l icant' s current licen s e or c e rtifi 

cate; 
f&) — whether or not the license or certifi 

cate wa s i ss ued a s a re s ult of passing 

a lieensure/certification examinat i on. 

by — reciprocity. — ©f — by — some — other 

means; and 
fE) — a comp l ete record of any di s ciplinary 

actions taken or di s ciplinary proceed 

ings pending against the applicant; 

an irrevocable con s ent that service of 

proce ss in any action again s t the appli 

cant arising out of the applicant' s ap 

prai s al activitie s in thi s State may be 

made by delivery of the process on the 

Executive Director of the Commission; 

a s tatement that the appl i cant has read 

and agrees — to abide — by all — appraiser 

law s and rule s in thi s State and agree s 

te — cooperate — w+th — any — investigation 



m 



2439 



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March 15, 1994 



PROPOSED RULES 



i nitiated — by — the — Commi ss ion — at — the 
direction of the Apprai s al Board includ 
ing supplying relevant documents and 
personally appearing before the Board 
or the Commission's inve s tigators; 

{&) information sufficient to identify the 

appraisal a s signment to be performed 
under the t e mporary practice permit, 
including the projected beginning and 
ending dates for performing s uch ap 
praisal assignment, but shall not require 
the applicant to divulge any information 
concerning — the — appraisal — assignment 
which — would — breach — the — applicant' s 
duty of confidentiality — te — hts — client 
under the provisions of the Uniform 
Standards — ©f- — Profe s sional — Appraisal 
Practice; and 

f&) such other information as may be nee 

cssary — te — d e termine — the — applicant's 
eligibility — fef — temporary — apprai se r 
licen s ing or certification privileges in 
this State. 

(b) Upon filing a properly completed application 
and otherwi s e s atisfying the Apprai s al Board a s to 
his qualifications, eligibility and moral fitne ss for 
temporary licen s ing or certification privilege s , an 
applicant shall be granted a temporary practice 
permit by the Commission authorizing th e appli 
cant to perform in thi s State the appraisal assign 
ment described in s uch application, provided that 
the length of time projected by the applicant for 
completion of the assignment is reasonable given 
the scope and complexity of the a ss ignment. 

(c) Licen s ing and certification privilege s granted 
under the provisions of this Rule shall expire upon 
the completion of the apprai s al a ss ignment de 
scribed in the application for temporary licensing 
or certification privileges or on the expiration date 
s et forth in the temporary practice permit, which 
ever s hall come fir s t. — However, upon a showing 
by — the — permittee — satisfactory — te — the — Apprai s al 
Board that, notwithstanding the permittee's diligent 
attention to the apprai s al assignment, additional 
time is needed to compl e te the a ss ignment, th e 
Commis s ion s hall extend the licensing or certifica 
tfen — privil e ge s — granted — under — the — permittee' s 
temporary practice permit to afford him additional 
time to complete the appraisal as s ignment. 

fd-> Persons — granted — temporary — licensing — or 

certification privileges under this Rule shall not 
adverti s e or otherwise — hold them s elve s — ewt — as 
being a — North Carolina state licen s ed or s tate 
certified appraiser. 



Author it}' G.S. 93A-77; Title XI, Section 1122 (a); 
12 U.S.C. 3351(a). 

SECTION .0300 - APPRAISER 
EXAMINATIONS 

.0301 TIME AND PLACE 

fa) — Examination s for real estate apprai s er licen s 
es and certificate s will be scheduled at such time s 
and places as determined by the Executive Direc 
teft — Applicants will be s cheduled for examination 
ba s ed on the date of application filing in accor 
dance with the Commis s ion' s published s chedule 
of examinat i on dates and application filing date s . 
Applicants will be given written notice of when 
and where to appear for examination. 

fb) — Except as provided in Paragraph (c) of thi s 
Rule, an applicant who has been s cheduled for a 
particular examination date wi ll not be rescheduled 
for a later examination date without filing another 
application and fee unle ss a request to be re s ched 
tiled is made at least 15 days in advance of the 
s cheduled examination date. — A s cheduled exami 
nation date may only be postponed until one of the 
next two following scheduled examination dates. 

fe) — An applicant may be granted an excused 
ab s ence from a s cheduled examination if he pro 
vide s evidence s at is factory to the Commission that 
hi s ab s ence wa s the direct re s ult of an emergency 
situation — ef — condition — which — was — beyond — the 
applicant's control and which could not have been 
rea s onably fore s een by the applicant. — A request 
for an excused absence must be promptly made in 
writing and — mu s t — be supported — by — appropriate 
documentation verifying the rea s on for the ab 
sence. — A request for an excu s ed ab s ence received 
more than 15 days after the examination date will 
be denied unless the applicant wa s unable to file a 
timely reque s t due to the same circumstance s that 
prevented the applicant from taking the examina 
tion . 

Statutory Authority G.S. 93A-73(c); 93A-77. 

.0302 SUBJECT MATTER AND PASSING 
SCORES 

fa) The — examination — fef — licen s ure — as — -a 

s tate licen s ed residential real estate apprai s er and 
for certification as a state certified re s idential real 
e s tate apprai s er s hall te s t applicants on the follow 
ing general s ubject area s : 

<4-) ba s ic real property law; 

f3) concepts of value; 

i^tj forces affecting real e s tate values; 

f+) re si dentia l real e s tate financing; 



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NORTH CAROLINA REGISTER 



March 15, 1994 



2440 



PROPOSED RULES 



$5) res i dential construction and de s ign; 

•f§) the appraisal proce ss ; 

f3-) valuation principle s and procedure s ; 

f8-) application of valuation principles and 

procedures to the valuation of variou s 
types of residential properties and to 
related appraisal a ss ignments; 

^9j standards of apprai s a l practice; 

f+O) the North Carolina Real E s tate Apprai s 

ers Act and related commi ss ion rule s ; 

fH-) related s ubject areas. 

fb) — In addition to the subject area s li s ted in (a) 
of thi s Rule, the examination for certification as a 
state certified general real estate apprai s er s hall 
te s t applicants on the following general subject 
areas : 

{4-) income — capitalization — principles — and 

procedures; 



m- 



&- 



application of valuation principles and 
procedures to the valuation of all type s 
of income producing and other proper 
ties — and — te — related — appraisal — assign 
ments; and 
related subject area s . 



fe) — In order to pass the examination for licen 
swe — as — a — state licensed — residential — real — estate 



ified 



apprai s er or tor certification as a state certinec 
residential — real e s tate apprai s er or s tate certified 
general real e s tate appraiser, an applicant mu s t 
attain a score equal to at least 75 percent of the 
total point value for the que s tion s on the examina 
tion. — Passing applicants will receive only a score 
©f- — "pass"; — however. — failing — applicant s — witi — be 
informed of their actual score. 



Statutory Authority G.S. 93A-73(c); 93A-77. 

.0303 RE-EXAMINATION 

If an applicant for a real e s tate license or certifi 
catc fail s to pa ss or appear for any examination for 
which — be — has — been — scheduled. — he — s hall — mak e 
written — application — te — the — Commission — upon — a 
pre s cribed form accompanied by the appropriate 
fee if he wi s he s to be s cheduled for another exami 
nation. 



Statutory Authority G.S. 93A-73(c); 93A-77. 

.0304 CHEATING AND RELATED 
MISCONDUCT 



Applicant s s hall not cheat or attempt to cheat on 
an — examination — by — any — means. — including — both 
giving — and — receiving a ss i s tance. — and — s hall — not 
communicate in any manner for any purpo s e with 



any per s on other than an examination supervisor 

during an examination. Violation of thi s Rule 

s hall be grounds for dismi s sal from an examina 
tion. invalidation of examination scores, and denial 
of a real estate apprai s er license or certificate, a s 
well as for disciplinary action if the applicant holds 
an appraiser license. 



Statutory Authority G.S. 93A-73(c); 93A-77. 

.0305 CONFIDENTIALITY OF 
EXAMINATIONS 

Licensing and certification examinations arc the 
exclu s ive property of the — Commi ss ion and are 
confidential. — No applicant, licensee, or certificate 
holder s hall obtain, attempt to obtain, receive or 
communicate to other per s on s examination que s 
tions. — Violation of this Rule s hall be grounds for 



ial of 



Jcmal ot a real e s tate appraiser license or certifi 
cate if the violator is an applicant and disciplinary 
action if the violator holds an appraiser license. 

Statutory Authority G. S. 93A-77. 

.0306 EXAMINATION REVIEW 

fa) — An applicant who fails an examination mav 
review his examination at s uch times and places as 
ftfe — scheduled — by — tbe — Ex e cutive — Director 



A 



request to review an examination must be made 
not later than the request deadlin e date established 
by the Executive Director for a s cheduled exami 
nation review date. — Failure to request an appoint 
ment to — review an examination by th e — request 
deadline date s hall con s titute a waiver of the right 
to review such examination. — Applicants who pass 
an examination may not review their examination. 
Applicant s who review their examination may not 
be accompanied by any other person at a review 
session. — ROf — may — any other person — review an 
examination on behalf of an applicant. 

fb) — An applicant may be granted an excused 
absence from a s cheduled examination review if he 



the Cc 



pros ides evidence satisfactory to tne Commission 
that his absence was the direct re s ult of an emer 
gency situation or condition which was beyond the 
applicant' s control and which could not have been 
rea s onably foreseen by the applicant. — A request 
for an excused absence must be prompt l y made in 
writ i ng and — mu s t be — s upported — by — appropriate 
documentation — verifying the reason — for the ab 
sence. — A request for an excused absence received 
more than 15 day s after the s cheduled examination 
review will — be denied unless the applicant was 
unable to file a timely request due to the s am e 
circum s tances that prevented the app li cant from 



2441 



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March 15, 1994 



PROPOSED RULES 



attending the examination review. — An applicant 
who fails to appear for a s cheduled examination 
review and who does not obtain an excused ab 
sence in accordance with this Rule s hall be deemed 
to have waived his right to review his examination. 

Statutory Authority G.S. 93A-73(c); 93A-77. 

SECTION .0400 - GENERAL APPRAISAL 
PRACTICE 

.0401 USE OF TITLES 

fa) — A state licensed residential real e s tate ap 
praiser shall utilize the term "state licensed resi 
dential real estate apprai s er" and a state certified 
re s idential — real e s tate appraiser shall utilize the 
term "state certified residential real estate apprais 
cr" when performing appraisals of re s idential real 
estate, a s defined in G.S. 03 A 72. or any intere s t 

therein. A — s tate certified — general — feel — estate 

appraiser skfl+l utilize either t+te- — t e rm 

" s tate certified general real e s tate appraiser" or 

"state certified residential/general peal — estate 

appraiser" when performing appraisals of all type s 
of real estate or any intere s t therein. 

fb) — Licen s ure or certification a s a real estate 
appraiser is granted only to per s ons and does not 
extend — te — a — business — e ntity — operated — by — a 
state licensed or state certified real e s tate apprai s 
eft 

Statutory Authority G.S. 93A-77. 

.0402 DISPLAY OF LICENSES AND 
CERTIFICATES 

(a) The real estate appraiser license or certificate 
of a state licen s ed or s tate certified — real — estate 
appraiser shall be prominently displayed at the 
appraiser's place of business, provided that the 
license or certificate of a managing appraiser and 
the license or certificate of each licen s ee or ccrtifi 
cate holder engaged in real e s tate apprai s al aetivi 
ties at the office of the managing appraiser s hall be 
prominently displayed at such office. 

fb) — The annual license or certificate renewal 
pocket card i ss ued by the Commission to each 
s tate licensed or state certified real estate appraiser 
shall be retained by the licen s ee or certificate 
holder a s evidence of licensure or certification. 

Statutory Authority G.S. 93A-77. 

.0403 ADVERTISLNG 

fa) When — advertising — of — otherwise — hold i ng 

himself — mrt — as — a — real — estate — apprai s er. — a 



s tate licen s ed re s idential real e s tate apprai s er s hall 
identify him s elf a s a " s tate licen s ed residential real 
estate appraiser", a state certified re s idential real 
e s tate — appraiser — s hall — identify — him s elf — as — a 
" s tate certified — residential — real estate apprai s er", 
and a state certified general real e s tate appraiser 
shall identify him s elf a s either a " s tate certified 
general real estate apprai s er" or a " s tate certified 
re s idential/general real e s tate apprai s er". 

fb) — A state licensed or s tate certified r e al estate 
appraiser doing business a s a partner s hip, associa 
tion. corporation or other busines s entity shall not 
represent in any manner to the public that the 
partnership. — association. — corporation — ©f — other 
business entity is either licen s ed or certified by the 
State of North Carolina to engage in the business 
of real e s tate apprai s ing. 

fe) — In the event that any licen s ee or certificate 
holder s hall advertise in any manner u s ing a firm 
name, corporate name, or an assumed name which 
doe s not s et forth the s urname of the licensee or 
certificate holder, he shall first notify the Commi s 
sion in writing of s uch — name and — furnish the 
Commi ss ion with a copy of each registration of 
assumed name certificate filed with the office of 
the county register of deeds in compliance with 
Section 66 68. North Carolina General Statutes. 

Statutory Authority G.S. 93A-71(d); 93A-77. 

.0404 CHANGE OF NAME OR ADDRESS 

All licensees and certificate holder s s hall notify 
the — Commission — m — writing of each — change of 
bu s ine s s address, residence addre ss , or trade name 
within ten days of said change. — The address shall 
be sufficiently de s criptive to enable the Commi s 
s ion to correspond with and locate the licensee or 
certificate holder. 

Statutory Authority G.S. 93A-77. 

.0405 CERTIFIED APPRAISALS 

fa) — A state certified residential real estate ap 
prai s er may perform certified apprai s al s of rcsiden 
tial r e al e s tate and a s tate certifi e d general real 
e s tate apprai s er may perform certified apprai s al s 
on all types of real estate and may identify s uch 
appraisal s a s being "certified". 

fb) — All real estate appraisal a ss ignments per 
formed — and — eH — appraisal — report s — issued — by 
state certified — real — e s tate — appraisers — s hall — be 
deemed to be "certified" apprai s als unless other 
wise indicated on the appraisal report, or. in the 
event — of an — ©fat — appraisal — report. — the — per s on 
receiving the report i s clearly informed by the 



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March 15, 1994 



2442 



PROPOSED RULES 



state certified appraiser that the apprai s al i s not a 
"certified" appraisal. 



-ef more state licensed ef 



Statutory Authority G.S. 93A-71fg); 93A-77. 

.0406 APPRAISAL REPORTS 

fa} — Each written appraisal report prepared by or 
under — tfae — direction — ef- — a — s tate licen s ed — ef 
state certified real estate apprai s er s hall bear the 
signature — of the — state licen s ed or state certified 
apprai s er, the license or certificate number of the 
licensee or certificate holder in who s e name the 
appraisal — report — is issued. — and the — designation 
"state licensed re s idential — real e s tate appraiser", 
"state certified re s idential real estate appraiser", or 
the designation "state certified general real estate 
appraiser". — ef — " s tate certified — residential) 1 general 
real estate appraiser", as applicable. — Each such 
appra is al report s hall al s o indicate whether or not 
the state licen s ed or state certified appraiser has 
p e rsonally inspected the property, and shall identi 
fv any other per s on who assists in th e appraisal 
process other than by providing clerical assistance. 

fb-> — Every state licensed and s tate certified real 
estate appraiser shall affix or stamp to all appraisal 
reports a seal of a design authorized by the Com 
mission which shall set forth the name and license 
or certificate number of the apprai s er in who s e 
name — the appraisal — report — is — i ss ued — and — shall 
identify the appraiser as a "state licen s ed re s iden 
tial real estate appraiser", a "state certified resi 

dential feal e s tate appraiser". ef as a 

"state certified — general — real e s tate apprai se r" — ef 

"state certified residential general real estate 

apprai s er", as applicable. 

fe) — A state licensed or state certified real estate 
appraiser who signs an appraisal report prepared 
by — another — per s on. — including — a — s ubcontractor- 
acting under the direction or supervision of the 
appraiser shall be fully re s ponsible for the content 
of the report. 

(d) Notwithstanding the — provisions of Rule 

.0 4 05 of thi s Section regarding the is s uance of oral 
appraisal reports, a written appraisal report shall 
be issued on all real e s tate appraisal s performed in 
connection with federally related transaction s . 

Statutory Authority G.S. 93A-77. 

.0407 MANAGING APPRAISER 

f» — A "managing appraiser" shall be de s ignated 
with the Commission for each apprai s al firm and 
each combined real estate brokerage and appraisal 
firm for wh i ch real e s tate appraisals are performed 
fey* 



f-h two 

s tate c e rtified real e s tate appraisers who 
are employed by or associated with the 
firm: or 



m- 



unheensec 



-ef — tt 



neertified — assistants 



other than clerical employees, who are 

employed by or associated with the firm 

and — whe — assist — a — state licensed — ef 

state certified real — estate apprai s er — m 

th e performance of real e s tate apprais 

ater 

If one or more state certified general real estate 

apprai s ers is employed by or a s sociated with th e 

firm. — the — managing — appraiser — mu s t — be — a 

state certified general real estate appraiser. — If one 

ef — more — state certified — re s idential — feal — estate 

apprai s er s i s employed by or associated with the 

firm. — the — managing — appraiser — must — be — a 



state certified — residential — ef — general — rea+ 



state 



appraiser. — If only state lieensed residential real 
estate appraisers arc employed by or associated 
with the firm, the managing apprai s er may be a 
state licensed residential real estate appraiser. 

fb-) — The designated managing apprai s er shall be 
responsible for: 

f-H the proper di s play of licens e s and eer 

tificatcs — ef- — aH — state lieensed — a»d 
state certified — feal — e s tate — appraisers 
employed — by or a ss ociated with — fee 
firm. — aftd — ascertaining — whether — each 
licensee or certificate holder employed 
by or associated — with — the — fi-Ffn — has 
complied with Rule .0203 of this Sub 
chapter; 

&j the proper notification to the Commi s 

sion of any change of business address 
or trade name of the firm and the regis 
tration of any assumed busines s name 
adopted by the firm for its u s e: 

f3-) the proper conduct of advertising of 

apprai s al services by or in the name of 
the firm; 

f4) the proper retention and maintenance of 

record s relating to appraisals conducted 
by or on behalf of the firm: 

f§-) the maintenance of a record for each of 

tfie — firm's — unlicensed — affd — uncertified 
assistants that generally describe s the 
nature and extent of assistance rendered 
in connection with each appraisal; and 

f&) the maintenance of a record for each of 

t-h-e firm's state lieensed affd 

state certified — re s idential — real — e s tate 
appraisers that generally describes the 
nature and extent of a ss i s tance rendered 



2443 



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NORTH CAROLINA REGISTER 



March IS, 1994 



PROPOSED RULES 



by — the — state licensed — re s idential — real- 

estate — apprai s er — when — assisting — a 

state certified residential or general real 

estate — appraiser — and — any — assistance 

rendered by the s tate certified residen 

tial real estate appraiser when assisting 

a — state certifi e d — general — real — estate 

appraiser in performing an appraisal. 

No licensee or certificate holder shall be managing 

appraiser — of more — than — ene — apprai s al — fif-m — ©f 

combined real e s tate brokerage and appraisal firm. 

$&) — Each managing apprai s er shall notify the 

Commis s ion in writing of any change in his status 

as managing apprai s er within ten days following 

the change. 

Statutory Authority G.S. 93A-77. 

.0408 SUPERVISION OF UNLICENSED AND 
UNCERTIFIED ASSISTANTS 

A — state licensed — &f — state certified — real — e s tate 
apprai s er may employ a person or per s ons not 
licensed or certified as a real estate appraiser to 
assist in the performance of real estate appraisal s , 
provided that the state licensed or state certified 
real estate appraiser: 

f4-) actively — and — personally — supervises — the 

unlicensed and uncertified as s i s tant; 

(3) review s all appraisal reports and s upport 

ing data used in connection with apprai s 
als in which the s ervices of an unlicen s ed 
and uncertified assistant i s utilized; 

0) complie s — with — ah — provisions — of Rule 

.0 4 06 of this Section regarding appraisal 
reports; and 

f4) prepares and furnishes to the managing 

appraiser, — if applicable, — and — to — each 
unlicensed and uncertified assistant whose 
service s were utilized in connection with 
the appraisal, a report on a form pre 
s cribed by the Commi ss ion de s cribing the 
nature and extent of assistance rendered 
by the unlicen s ed and uncertified assistant 
tfl — connection — with — the apprai s al, — and 
place s a copy of such report in the sup 
porting file for the appraisal. 

Statutory Authority G.S. 93A-71(f); 93A-77. 

.0409 SUPERVISION OF LICENSED AND 
CERTIFIED RESIDENTIAL 
APPRAISERS 

fa) — When a s tate licen s ed residential real estate 
appraiser — a ss i s ts — a state certified — re s idential — ©f 
general real e s tate apprai s er in the performance of 



a real estate apprai s al and the resulting apprai s al 
report is to be signed by the s tate certified real 
e s tate — appraiser, — the — state certified — real — estate 
apprai s er s hall: 

f/B actively and personally supervise the 

state licensed real e s tate apprai s er; 

f3j review the apprai s al report and s upport 

ing data used in connect i on with the 
apprai s al; 

{£) comply — with — ah — provision s — of Rule 

.0 4 06 of thi s Section regarding apprai s 
al report s ; and 

(4) prepare and furnish to the managing 

appraiser, — if applicable, — and to each 

state licensed — real — e s tat e — appraiser 

whose services were utilized in connec 

tion with the apprai s al, a report on a 

form — pre s cribed — by — this — Commi ss ion 

describing — the — nature — and — extent — ef 

a ss i s tance rendered by the state l i cen s ed 

real estate appraiser in connection with 

the appraisal, and place a copy of s uch 

report in the supporting file for the 

apprai s al. 

fb) — When a state certified residential real e s tat e 

appraiser assists a state certified general real e s tate 

appraiser — m — the — performanc e of a — real — estate 

appraisal and the re s ulting appraisal report is to be 

s igned by th e s tate certified — general real — e s tate 

apprai s er, — the — state certified — general — real — e s tate 

appraiser s hall perform those supervisory act s s et 

forth in Paragraph (a) of this Rule with regard to 

the activities of the state certified re s idential real 

estate appraiser. 

Statutory Authority G.S. 93A-77. 

SECTION .0500 - STANDARDS OF 
APPRAISAL PRACTICE 

.0501 APPRAISAL STANDARDS 

fa) — Every s tate licensed and s tate certified real 
estate apprai s er s hall, in performing the acts and 
services of a state licensed or s tate certified real 
e s tate — apprai s er, — comply — with — those — apprai s al 
practice standards known as the "Uniform Stan 
dards of Professional Apprai s al Practice" promul 
gated by the Appraisal Standards Board of the 
Appraisal Foundation, which s tandards are hereby 
adopted — by — reference — in — accordance — with — GrSr 
150B 1 4 (c). — For the purpose of this Rule, the 
"Uniform — Standards — ef- — Professional — Apprai s al 
Practice" shall include the Preamble, Ethic s Provi 
s ion. Competency Provi s ion, Departure Provision, 
Juri s d i ctional Exception, Definitions, Supplemental 



8:24 



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March 15, 1994 



2444 



PROPOSED RULES 



Standards, Statement s on Appraisal Standard s , and 
Standard s 1.2, and 3. 

(b) Copies of the "Uniform Standard s of Profos 
sional — Appraisal — Practice" — M=e — available — upon 
request to the Commission. 

Statutory Authority G.S. 93A-77. 



SECTION .0600 - APPRAISAL BOARD 
HEARINGS 

.0601 SCOPE 

The provision s of thi s Section s hall apply to 
contested cases heard by the Real E s tate Appraisal 
Board only and shall not apply to hearing s eon 
ducted bv the Real E s tate Commi s sion pursuant to 
Article s 1, 2, 3. and 4 of Chapter 03 A of the 
General Statute s . 



Statutory Authority G.S. 93A-77; l50B-38(h). 



.0603 PRESIDING OFFICER 

The Appraisal Board may designate any of its 
member s to pre s ide over the hearing in a conte s ted 
ease. When no designation i s made, the Chairman 
of the Board shall preside, or. in his absence, the 

Vice — Chairman — s hall — pre s id e . The — pre s iding 

officer shall rule on motions or other requests 
made in a contested case prior to the conduct of 
the hearing in that ease except when the ruling on 
the — motion — would — be — dispositive — of the — case. 
When the ruling on a motion or request would be 
dispositive of the case, the presiding officer s hall 
make no ruling and the motion or reque s t shall be 
determined by a majority of the Board. 



Statutory Authority G.S. 93A-77; 150B-38(h). 



Statutory- Authority G.S. 93A-77; 150B-38(h). 

.0602 FORM OF COMPLAINTS AND 
OTHER PLEADINGS 

fa-) — There shall be no s pecific form required for 
complaints. — To be sufficient, a complaint shall be 
tfl — writing, — identify the respondent — licen s ed or 
certified appraiser and s hall reasonably apprise the 
Board of the fact s which form the basi s of the 
complaint. 

(b) When investigating a complaint, the scope of 
the investigation shall not be limited to the p e r s on s 



or tran s actions de s cn 



bed- 



-aHt 



-thr 



plaint. Per s ons making complaints may at any 

iubmit additional information or may other 



ttffK 

wi s e amend their complaint; 
-W- 



fef- 



'hen 



omplaint is not verified by the 
per s on making the complaint, the Board, through 
its Legal Counsel, may consider the complaint on 
it s own motion, 
(d) Pe 



1) Persons who make comp l aints are not partie s 
to conte s ted ca s e s heard by the Board, but may be 
witne ss e s in the eases. 



-T4* 



;d for 



icrc s hall be no specific form requircc 
answers, motion s or other pleading s relating to 
contested cases before the Board, except they shall 
be in writing. — To be sufficient, the document must 
identify the ease to which it refer s and rea s onably 
appri s e the Board of the matters it alleges, an 

svvers. — or requests. tn — lieu — of s ubmi ss ion — m 

writ i ng, motions, requests and other pleading s may 
be made on the record during the cour s e of the 
hearing b e fore the Board. 

ff» — Hearing s in contested eases before the Board 
shall be governed by the provi s ions of Article 3A 
of Chapter 150B of the General Statute s . 



.0604 SLBPOENAS 

f&) — The Executive Director of the Real Estate 
Commi s sion and the Commission's Legal Coun s el 
shall have the authority to i ss ue subpoenas in the 
name of the Board. — In the Executive Director' s 
absence, the recording secretary of the Commis 
sion s hall have the authority to issue s ubpoenas in 
the name of the Board. 



fh) — The presiding officer in a contested case 
shall also have the authority to issue subpoenas 
relating to that contested ea s e. 

Statutory Authority G.S. 93A-77; l50B-38(h). 

.0605 FLNAL DECISIONS 

fa-) — If, after the conclusion of a hearing in a 
contested case the Board determines to take di s ci 
plinary action again s t a licensed or certified ap 
p raiser. — the — Board — shah — direct — the — Real — E s tate 
Commis s ion to i ss ue a final decision and order in 
conformity with the Board's determination. 

fh) — If the matter in issue in a contested case 
before the Board i s the mora l character and fitness 



fer-h 



after 



)r licen s ure or certification or any applicant, artcr 
the conclu s ion of the hearing the — Board shall 
determine whether or not the applicant is morally 
fit and s hall dir e ct the Commi ss ion to issue or 
deny the license or certificate in conformity with 
the Board' s determination. 

Statutory Authority G.S. 93A-77; 150B-38(h). 

.0606 PETITION TO REOPEN 
PROCEEDING 

fa) — After a final dec is ion ha s been reached by 
the Board in a contested case, a party may petition 



2445 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



the Board to reconsider a ca s e, — Petitions will not 
be granted except when the petitioner can show 
that the reasons for reconsidering the case are to 
introduce newly discovered evidence which wa s 
not presented at the initial hearing becau s e of some 
justifiable, excusable or unavoidable circumstance. 
Upon the running of the 30 day period for seeking 
judicial review, such petition s will have no effect. 

fb) — Decisions on petition s to reopen cases arc 
within the discretion of the Board. 

fe) — If, a s n result if its recon s ideration of a 
contested case, the Board modifies its original 
decision, it shall notify the Real Estate Commis 
sion which s hall modify its action in conformity 
with the Board' s ruling. 

Statutory Authority G.S. 93A-77; 150B-38(h). 

SECTION .0700 - DECLARATORY 
RULINGS 

.0701 REQUESTS FOR RULINGS: 

DISPOSITION OF REQUESTS 

fa-) — All requests for declaratory rulings shall be 
written and filed with the Board. — The request 
mu s t contain the following information: 

f4-) the — name, — address — aftd — s ignature — ef 

petitioner; 

f3-) a concise statement of the manner in 

which — p e titioner is aggrieved by — the 
rule or s tatute in question, or it s pot c n 
tial application to him; 

{£) a statement of the interpretation given 

the statute or rule in question by peti 
tioncr; 

f4) a statement of the reasons, including 

any legal authoritie s , in s upport of the 
interpretation given the statute or rule 
by petitioner. 
{hj — The Board s hall either deny the reque s t, 
s tating the reasons therefor, or issue a declaratory 
ruling. — When in its discretion, the Board deter 
mine s that the issuance of a declaratory ruling i s 
undesirable, it may refuse to issue such ruling. 

fe) — The Board s hall not i ss ue a declaratory 
ruling when the petitioner or his or her request is 
the subject of, or materially related to. an inve s ti 
gation by the Real Estate Commis s ion or contested 
case before the Board. 

Statutory Authority G.S. 93A-77; 150B-4. 

SUBCHAPTER 58E - REAL ESTATE 
CONTINUING EDUCATION 



SECTION .0100 - UPDATE COURSE 

.0101 PURPOSE AND APPLICABILITY 

This Section describes the update course compo- 
nent of the continuing education requirement for 
real estate licensees and prescribes the criteria and 
procedures for a prospective sponsor to obtain 
approval to conduct a Commission-developed 
update course. 

Statutory Authority' G.S. 93A-3(c); 93A-4A. 

.0102 UPDATE COURSE COMPONENT 

(a) To renew a license on active status, a real 
estate broker or salesman must complete, within 
one year preceding license expiration and jn 
addition to satisfying the continuing education 
elective requirement described in Section .0302 of 
this Subchapter, a Commission-developed update 
course consisting of four classroom hours of 
instruction. 

(b) The Commission shall develop annually an 
update course which shall be conducted by spon- 
sors approved by the Commission under this 
Subchapter. The subject matter of this course 
shall be determined by the Commission, which 
shall produce instructor and student materials for 
use by course sponsors. The Commission shall 
prepare a completely new course for each one-year 
period beginning July 1 and ending the next June 
30. Sponsors must acquire the Commission- 
developed course materials and utilize such materi- 
als to conduct the update course. The course must 
be conducted exactly as prescribed by the rules in 
this Subchapter and the course materials developed 
by the Commission. All course materials devel- 
oped by the Commission for use jn an update 
course shall be the property of the Commission 
and shall not be copied or used except as directed 
by the Commission. Sponsors must provide 
licensees participating jn their classes a copy of the 
student materials developed by the Commission. 

(c) Approval of a sponsor to conduct an update 
course authorizes the sponsor to conduct the 
update course using an instructor who has been 
approved by the Commission as an update course 
instructor under Section .0200 of this Subchapter. 
The sponsor may conduct the update course at any 
location as frequently as js desired during the 
approval period, provided that no courses may be 
conducted between June 1 1 and June 30 of any 
approval period. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



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March 15, 1994 



2446 



PROPOSED RULES 



.0103 APPLICATION FOR ORIGrNAL 
APPROVAL 

An entity seeking original approval to sponsor a 
Commission-developed update course must make 
application on a form prescribed by the Commis- 
sion. Beginning in 1995, such applications must 
be submitted prior to April 1 or after June 30 of 
any calendar year. Applications for original 
approval will not be accepted between April I and 
June 30 of any calendar year after 1994. The 
applicant must submit a nonrefundable fee of one 
hundred dollars ($100.00) in the form of a certi- 
fied check, bank check or money order payable to 
the North Carolina Real Estate Commission; 
provided, however, that no Ice is requir ed if the 
entity making application js a community college, 
junior college, college or university located jn this 
State and accredited by the Southern Association 
of Colleges and Schools. An applying entity that 
is not a resident of North Carolina shall also file 
with the application a consent to service of process 
and pleadings. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0104 CRITERIA FOR APPROVAL OF 
UPDATE COURSE SPONSOR 

Approval to sponsor a Commission-developed 
update course shall be granted to an applicant upon 
showing to the satisfaction of the Commission that: 

( 1) The applicant has submitted all informa- 
tion required by the Commission and 
paid the application fee, if applicable; 

(2) The applicant has at least one proposed 
instructor who has been approved by the 
Commission as an update course instruc- 
tor under Section .0200 of this Subchap- 
ter; 

(3) The applicant satisfies any of the require- 
ments of Section .0400 of this Subchapter 
relating to qualifications or eligibility of 
course sponsors; and 

(4) The applicant and the continuing educa- 
tion coordinator required by Rule .0405 
of this Subchapter are possessed of such 
good reputation and character as is ap- 
propriate for persons who will be provid- 
ing education to real estate licensees. In 
this regard, the Commission may consid- 
er the reputation and character of any 
owner, officer or director of any corpora- 
tion, association or org aization applying 
for sponsor approval. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



.0105 STUDENT FEE FOR UPDATE 
COURSES 

Sponsors of an update course may establish the 
amount of the fee to be charged to students taking 
this course; provided, however, that the estab- 
lished fee must be a single, all-inclusive fee and no 
separate or additional fee of any type may be 
charged to students. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

SECTION .0200 - UPDATE COURSE 
FNSTRUCTORS 



.0201 PURPOSE AND APPLICABILITY 

This Section prescribes the criteria and proce- 
dures for a prospective instructor of a Commis- 
sion-developed update course to obtain and main- 
tain approval to teach such course. 



Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0202 NATURE AND SCOPE OF 
APPROVAL 

Approval of update course instructors shall be 
accomplished on a calendar year basis separate 
from the approval of update course sponsors. 
Approval of an update course instructor authorizes 
the instructor to teach the update course for any 
approved update course sponsor; however, an 
approved update course instructor may not inde- 
pendently conduct an update course unless the 
instructor has also obtained approval as an update 
course sponsor. An instructor must obtain written 
approval from the Commission prior to teaching an 
update course and prior to representing to any 
sponsor or other party that he is approved or may 
be approved as an update course instructor. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0203 APPLICATION AND CRITERIA 
FOR ORIGINAL APPROVAL 

(a) A person seeking original approval as an 
update course instructor must make application on 
a form prescribed by the Commission. Beginning 
in 1 995 , such applications must be submitted prior 
to April 1 or after June 30 of any calendar year. 
Applications for original approval will not be 
accepted between April X and June 30 of any 
calendar year after 1994. An applicant who is not 
a resident of North Carolina shall also file with the 
application a consent to service of process and 
pleadings. No application fee js required. All 
required information regarding the applicant's 



2447 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



qualifications must be submitted. 

(b) The applicant must possess such good 
reputation and character as is appropriate for 
persons who will be teaching the update course to 
real estate licensees. 

(c) The applicant must be qualified under one of 
the following standards: 

(1) Possession of a baccalaureate or higher 
degree with a major in the field of real 
estate. 



(2) 



Possession of a current North Carolina 



real estate broker license, three years 
active full-time experience in real estate 
brokerage within the previous ten 
years, and 30 classroom hours of real 
estate education, excluding prelicensing 
education, within the past three years, 
such education covering topics which 
are acceptable under Commission rules 
for continuing education credit. 

(3) Possession of a current North Carolina 
real estate broker license and experi- 
ence teaching at least ten real estate 
prelicensing courses within the previous 
five years. 

(4) Possession of a license to practice law 
in North Carolina and three years expe- 
rience in law practice within the previ- 
ous 10 years, with a substantial empha- 
sis on real estate practice. 

(5) Possession of qualifications found by 
the Commission to be equivalent to one 
or more of the above standards. 

(d) The applicant must possess good teaching 
skills as demonstrated on a videotape portraying 
the instructor teaching a real estate topic to a live 
audience. The applicant must submit for Commis- 
sion review a videotape in a format prescribed by 
the Commission. The videotape must be 45-60 
minutes in length and must depict a continuous 
block of instruction on a single topic that is cov- 
ered in one of the Commission's prelicensing 
course syllabi. The videotape must be unedited, 
must show at least a portion of the audience, and 
must have visual and sound quality sufficient to 
enable reviewers to clearly see and hear the in- 
structor. The videotape must have been made 
within the previous three years. The videotape 
must demonstrate that the instructor possesses the 
teaching skills described in Rule .0509 of this 
Subchapter. 

(e) An applicant shall be exempt from qualifying 
under Paragraphs (c) and (d) of this Rule if he 
possesses a current North Carolina real estate 
broker license and either a current designation as 



a Designated Real Estate Instructor (DREI) granted 
by the Real Estate Educators Association or some 
other equivalent designation or certification. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0204 RENEWAL OF APPROVAL 

Commission approval of update course instruc- 
tors expires on the next December 31 following 
issuance of approval, except that approval of 
instructors approved prior to January J^ 1995 shall 
expire on December 31 , 1995. In order to assure 
continuous approval, applications for renewal of 
approval must be filed on a form prescribed by the 
Commission on or before December \_ immediately 
preceding expiration of their approval. Applicants 
must satisfy the criteria for original approval, with 
the exception of fjie requirement stated in Rule 
.0203(d) of this Section, in order to rene w their 
approval. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0205 DENIAL OR WITHDRAWAL OF 
APPROVAL 

(a) The Commission may deny or withdraw 
approval of any update course instructor upon 
finding that: 

(1) The instructor has made any false state- 
ments or presented any false informa- 
tion in connection with an application 
for approval or renewal of approval; 

(2) The instructor has failed to meet the 
criteria for approval described m Rule 
.0203 of this Section or has refused or 
failed to comply with any other provi- 
sions of this Subchapter; 

(3) The instructor has failed to demon- 
strate, during the teaching of update 
courses, those effective teaching skills 
described in Rule .0509 of this Sub- 
chapter; or 

(4) The instructor has provided false or 
incorrect information in connection with 
any reports a course sponsor is required 
to submit to the Commission. 

(b) If a licensee who is an approved update 
course instructor engages in any dishonest, fraudu- 
lent or improper conduct in connection with the 
licensee's activities as an instructor, the licensee 
shall be subject to disciplinary action pursuant to 
G.S. 93A-6. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



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March 15, 1994 



2448 



PROPOSED RULES 



.0206 REQUEST FOR VIDEOTAPE 

Upon the written request of the Commission, an 
approved update course instructor must submit to 
the Commission, a videotape depicting the instruc- 
tor teaching the update course. The videotape 
must have been made within 12 months of the date 
of submission and must conform to technical 
instructions prescribed by the Commission. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

SECTION .0300 - ELECTIVE COURSES 

.0301 PURPOSE AND APPLICABILITY 

This Section describes the elective course compo- 
nent of the continuing education requirement for 
real estate licensees and prescribes the criteria and 
procedures for the approval of continuing educa- 
tion elective courses, sponsors and instructors. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0302 ELECTIVE COURSE COMPONENT 

(a) To renew a license on active status, a real 
estate broker or salesman must complete, within 
one year preceding license expiration and jn 
addition to satisfying the continuing education 
mandatory update course requirement described in 
Rule .0102 of this Subchapter, four classroom 
hours of instruction jn one or more Commission- 
approved elective courses. 

(b) Approval of an elective course includes 
approval of the sponsor and instructor(s) as well as 
the course itself. Such approval authorizes the 
sponsor to conduct the approved course using the 
instruetor(s) who have been found by the Commis- 
sion to satisfy the instructor requirements set forth 
m Rule .0306 of this Section. The sponsor may 
conduct the course at any location as frequently as 
is desired during the approval period, provided 
that no courses may be conducted between June 1 1 
and June 30 of any approval period. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0303 APPLICATION FOR ORIGINAL 
APPROVAL 

An entity seeking original approval of a proposed 
elective course must make application on a form 
prescribed by the Commission. Beginning in 
1 995 . such applications must be submitted prior to 
April 1 or after June 30 of any calendar year. 
Applications for original approval will not be 
accepted between April 1 and June 30 of any 
calendar year after 1994. The applicant must 



submit a nonrefundable fee of one hundred dollars 
($100.00) per course in the form of a certified 
check, bank check or money order payable to the 
North Carolina Real Estate Commission; provided, 
however, that no fee is required if the entity 
making application is a community college, junior 
college, college or university located in this State 
and accredited by the Southern Association of 
Colleges and Schools. The application shall be 
accompanied by a copy of the instructor's guide or 
manual for the course and a copy of materials that 
will be provided to students. An applying entity 
that fs not a resident of North Carolina shall also 
file with the application a consent to service of 
process and pleadings. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0304 CRITERIA FOR ELECTIVE COURSE 
APPROVAL 

The following requirements must be satisfied fn 
order to obtain approval of a proposed elective 
course: 

( 1 ) The applicant must submit all information 
required by the Commission and pay the 
application fee, if applicable. 

(2) The applicant must satisfy any of the 
requirements of Section .0400 of this 
Subchapter relating to the qualifications 
or eligibility of course sponsors. 

(3) The subject matter of the course must 
satisfy' the elective course subject matter 
requirements set forth fn Rule .0305 of 
this Section and all information to be 
presented in file course must be current 
and accurate. 

(4) The course must involve a minimum of 
two classroom hours of instruction on 
acceptable subject matter. A classroom 
hour consists of 50 minutes of instruction 
and 10 minutes of break time. 

(5) The applicant and the continuing educa- 
tion coordinator required by Rule .0405 
of this Subchapter are possessed of such 
good reputation and character as is ap- 
propriate for persons who will be provid- 
ing education to real estate licensees. In 
this regard, the Commission may consid- 
er the reputation and character of any 
owner, officer and director of any corpo- 
ration, association or organization apply- 
ing for sponsor approval. 

(6) The course must be one involving a 
qualified instructor who will be phvsical- 
ly present in the classroom at alf time s 



2449 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



and who will personally provide the 
instruction. The use of indirect instruc- 
tion such as videotape, remote television 
or similar types of instruction may be 
employed on a limited basis to enhance 
or supplement personal instruction. 
Persons featured in any such indirect 
presentation of information may not be 
considered the official course instructor. 
No portion of the course may consist of 
correspondence instruction. 

(7) The course plan or instructor's guide 
must provide for the use of instructional 
methods and instructional aids that are 
appropriate in view of the subject matter 
and learning objectives for the course. 
Examples of instructional methods and 
instructional aids that may be appropriate 
include, but are not limited to, class 
discussion, role-playing, in-class work 
assignments, overhead transparencies and 
videotape. 

(8) The course must include handout materi- 
als for students covering the subject 
matter of the course unless the applicant 
can demonstrate that such materials are 
either inappropriate or unnecessary for 
the course. 

(9) The proposed instructor(s) for the course 
must possess the qualifications described 
in Rule .0306 of this Section. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0305 ELECTIVE COURSE SUBJECT 
MATTER 

Elective courses must cover a real estate topic 
and must directly contribute to accomplishment of 
the primary purpose of mandatory continuing 
education, which is to help assure that real estate 
licensees possess the knowledge, skills and compe- 
tence necessary to function hi the real estate 
business in a manner that protects and serves the 
public interest. The knowledge or skills taught in 
an elective course must enable licensees to better 
serve real estate consumers and the subject matter 
must be directly related to real estate practice. 
Examples of acceptable subject matter include, but 
are not limited to: Real property law; agency law; 
real estate contracts; land use controls; environ- 
mental protection laws; real estate economics and 
markets; real estate finance, investment or apprais- 
al; property management; real estate construction 
or development; commercial real estate brokerage; 
taxation of real estate investments; the Real Estate 



License Law and Commission rules; and other 
similar topics. Examples of subject matter that is 
not acceptable include, but are not limited to: Real 
estate sales training; real estate brokerage manage- 
ment; business administration or management; 
general office and computer skills; success train- 
ing; motivational training; personal development; 
time management; and other similar topics. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0306 ELECTIVE COURSE INSTRUCTORS 

(a) The instructor of an elective course must 
possess such good reputation and character as is 
appropriate for persons who will be teaching 
continuing education to real estate licensees and 
must be qualified under one of the following 
standards: 

(1) Possession of a baccalaureate or higher 
degree in a field directly related to the 
subject matter of ffie course; 

(2) Three years' full-time work experience 
within the previous ten years that is 
directly related to the subject matter of 
the course; 

(3) Three years' full-time experience within 
the previous ten years teaching the 
subject matter of the course; or 

(4) Education and/or experience found by 
the Commission to be equivalent to one 
or more of the above standards. 

(b) If ffie subject matter of the course deals 
directly with real estate brokerage practices, then 
the instructor must also possess a current real 
estate license. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0307 ELECTIVE COURSE CREDIT HOURS 

The elective course approval issued to a course 
sponsor will include the number of hours of 
continuing education credit that will be awarded 
for the course. The maximum number of credit 
hours that will be awarded for an elective course 
is four hours. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0308 REQUEST FOR VIDEOTAPE 

Upon the written request of the Commission, the 
sponsor of an approved elective course must 
submit to the Commission a videotape depicting 
the course being taught by a particular instructor 
designated by the Commission. The videotape 
must have been made within 12 months of the date 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2450 



PROPOSED RULES 



of submission and must conform to technical 
instructions prescribed by the Commission. 

Statutory- Authority G.S. 93A-3(c); 93A-4A. 

.0309 STUDENT FEES FOR ELECTIVE 
COURSES 

A sponsor of an elective course may establish the 
amount of the fee(s) to be charged to students 
taking the course; provided, however, that the total 
amount of any fees to be charged must be included 
in any advertising or promotional materials for the 
course. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

SECTION .0400 - GENERAL SPONSOR 
REQUIREMENTS 

.0401 PURPOSE AND APPLICABILITY 

This Section contains miscellaneous general 
provisions relating to the approval of sponsors to 
conduct either the update course or elective cours- 
es and to the responsibilities of approved sponsors. 
Matters addressed include: Sponsor names and 
eligibility; designation of a continuing education 
coordinator; renewal of course and sponsor ap- 
proval; records and reports; grounds for denial or 
withdrawal of approval, and other related matters. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0402 SPONSOR ELIGIBILITY 

(a) Any legal entity |s eligible to seek approval 
as a sponsor of continuing education courses, 
provided that any person seeking such approval 
must be at least 21 years of age and provided 
further that an entity seeking approval of a contin- 
uing education elective course must be eligible 
under Paragraph (b) of this Rule. 

(b) An entity seeking approval of a course as a 
continuing education elective course must either be 
the owner of the proprietary rights to the course or 
lawfully have acquired from the course owner the 
right to seek course approval from the Commission 
and to conduct such course. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0403 SPONSOR NAME 

(a) The official name to be used by any course 
sponsor in connection with the offering of an 
approved continuing education course must clearly 
distinguish the sponsor from any other previously 
approved continuing education course sponsor. 



Unless the sponsor is a licensed private real estate 
school proposing to operate continuing education 
courses in its own name, the official name also 
must clearly distinguish the sponsor from any 
licensed private real estate school. Sponsor appli- 
cants proposing to use a sponsor name which does 
not comply with this standard may be required to 
adopt a different name as a condition of approval . 
(b) Any advertisement or promotional material 
utilized by an approved course sponsor must 
include the course sponsor's official name and 
shall not include any other name for the sponsor. 

Statutory Authority G S. 93A-3(c); 93A-4A. 

.0404 ADVANCE APPROVAL REQUIRED 

Prospective sponsors of an update course or 
elective course must obtain written approval from 
the Commission to conduct such course prior to 
conducting the course and prior to advertising or 
otherwise representing that the course is or may be 
approved for continuing education credit in North 
Carolina. No retroactive approval to conduct an 
update course will be granted for any reason. 
Retroactive approval of an elective course may be 
granted by the Commission if the course sponsor 
can provide evidence satisfactory to the Commis- 
sion that the course was not offered for purposes 
of satisfying the real estate continuing education 
requirement and that the sponsor could not reason- 
ably have been expected to anticipate in advance 
that students would want to receive continuing 
education elective credit for the course. 



Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0405 CONTINUING EDUCATION 
COORDINATOR 

A sponsor of an update course or elective course 
must designate one person to serve as the continu- 
ing education coordinator for all Commission- 
approved continuing education courses offered by 
the sponsor. The designated coordinator shall 
serve as the official contact person for the sponsor 
and shall be responsible for the following: 

( 1 ) Supervising the conduct of al] the 
sponsor's Commission-approved continu- 
ing education courses; 

(2) Signing the course completion certificates 
provided by the sponsor to licensees 
completing courses; and 

(3) Submitting to the Commission all re- 
quired fees, rosters, reports and other 
information. 



2451 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0406 COURSE ROSTERS, COMPLETION 
CERTIFICATES AND EVALUATIONS 

(a) Course sponsors and instructors must com- 
plete or have students complete, as appropriate, a 
roster of all real estate licensees enrolled in an 
approved continuing education course and a course 
completion card for each licensee successfully 
completing the course, and sponsors must submit 
these documents to the Commission within five 
business days following the course. These docu- 
ments shall be completed on forms and ]n accor- 
dance with instructions prescribed by the Commis- 
sion. 

(b) Course sponsors and instructors must pro- 
vide licensees enrolled in each continuing educa- 
tion course an opportunity to complete an evalua- 
tion of each approved continuing education course. 
The evaluation shall be completed on a form and 
in accordance with instructions prescribed by the 
Commission. Sponsors must submit the completed 
evaluation forms to the Commission within five 
business days following the course. 

(c) Course sponsors and instructors shall, within 
five business days following the course, provide 
each licensee who satisfactorily completes an 
approved continuing education course a course 
completion certificate on a form and jn accordance 
with instructions prescribed by the Commission. 
The certificate is to be retained by the licensee as 
his proof of having completed the course. 

Statutory Authority G S. 93A-3(c); 93A-4A. 

.0407 PER STUDENT FEE 

Within five business days following completion 
of any approved continuing education update or 
elective course, the sponsor must submit to the 
Commission, along with the roster, course comple- 
tion cards and evaluation forms required to be 
submitted by Rule .0406 of this Section, a fee jn 
the amount of five dollars ($5.00) for each licensee 
successfully completing the course. This fee shall 
be paid by check payable to the North Carolina 
Real Estate Commission. A separate check is 
required for each separate class session. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0408 CHANGE IN SPONSOR OWNERSHIP 

The approval granted to a course sponsor may be 
transferred to a new or different legal entity only 
with the advance approval of the Commission. In 
the event the ownership of an entity approved as a 



course sponsor is to be sold or otherwise changed, 
the approved sponsor must request Commission 
approval of the ownership change. The Commis- 
sion will then advise the sponsor if the change is 
acceptable or if the proposed new sponsor must 
apply for original approval . If the ownership 
change will result in no additional person being 
added as owner, officer or director, then the 
approval granted to the sponsor may be transferred 
to the new legal entity. However, if any addition- 
al person is to be added as owner, officer or 
director, then the approval granted to the sponsor 
may not be transferred. 



Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0409 CHANGES DURING APPROVAL 
PERIOD 

(a) Course sponsors must notify the Commission 
in writing prior to any change in business name, 
continuing education coordinator, address or 
business telephone number. 

(b) Course sponsors must obtain advance ap- 
proval from the Commission for any changes to be 
made in the content or number of hours for elec- 
tive courses; provided that changes in course 
content which are solely for the purpose of assur- 
ing that information provided m a course is current 
and accurate do not require approval during the 
approval period, but shall be reported at the time 
the sponsor requests renewal of course approval . 
Requests for approval of changes shall be in 
writing. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0410 COURSE RECORDS 

All course sponsors must retain on file for two 
years records of student registration and attendance 
for each session of a continuing education course 
that is conducted and must make such records 
available to the Commission upon request. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.041 1 RENEWAL OF COURSE AND 
SPONSOR APPROVAL 

(a) Commission approval of continuing educa- 
tion courses and sponsors expires on the next June 
30 following the date of issuance. Jn order to 
assure continuous approval, applications for re- 
newal of Commission approval , accompanied by 
the prescribed renewal fee, must be filed on a 
form prescribed by the Commission annually on or 
before March 31 . Any incomplete application for 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2452 



PROPOSED RULES 



renewal of continuing education course and spon- 
sor approval received on or before March 31 
which is not completed within 10 days of notice of 
the deficiency, as well as any renewal application 
received after March 31 . shall not be accepted and 
the sponsor will have to fife an application for 
original approval on or after July 1 in order to be 
reapproved. Applicants for renewal of approval 
must satisfy the criteria for original approval in 
order to renew their approval . 

(b) The fee for renewal of Commission approval 
shall be fifty dollars ($50.00) for each update 
course sponsor and for each elective course, 
provided that no fee is required for course spon- 
sors that are exempted from original application 
fees. The fee shall be paid by check payable to 
the North Carolina Real Estate Commission and [s 
nonrefundable. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0412 DENIAL OR WITHDRAWAL OF 
APPROVAL 

(a) The Commission may deny or withdraw 
approval of any course or course sponsor upon 
finding that: 

(1) the course sponsor has made any false 
statements or presented any false infor- 
mation in connection with an applica- 
tion for course or sponsor approval or 
renewal of such approval; 

(2) the course sponsor or any official or 
instructor in the employ of the course 
sponsor has refused or failed to comply 
with any of the provisions of this Sub- 
chapter; 

(3) the course sponsor or any official or 
instructor in ffie employ of the course 
sponsor has provided false or incorrect 
information in connection with any 
reports the course sponsor is required 
to submit to the Commission; 

(4) the course sponsor has engaged in a 
pattern of consistently canceling sched- 
uled courses; 

(5) the course sponsor has provided to the 
Commission in payment for required 
tees a check which was dishonored by 
a bank; 

(6) an instructor in fhe employ of the 
course sponsor fails to conduct ap- 
proved courses in a manner that demon- 
strates possession of the teaching skills 
described in Rule .0509 of this Sub- 
chapter; or 



(7) any court of competent jurisdiction has 
found the course sponsor or any official 
or instructor in fjie employ of the 
course sponsor to have violated, in 
connection with the offering of continu- 
ing education courses, any applicable 
federal or state law or regulation pro- 
hibiting discrimination on the basis of 
disability, requiring places of public 
accommodation to be in compliance 
with prescribed accessibility standards, 
or requiring that courses related to 
licensing or certification for profession- 
§] or trade purposes be offered in a 
place and manner accessible to persons 
with disabilities, 
(b) if a licensee who is an approved course 
sponsor or an instructor in the employ of an 
approved course sponsor engages in any dishonest, 
fraudulent or improper conduct j_n connection with 
the licensee's activities as a course sponsor or 
instructor, the licensee shall be subject to disciplin- 
ary action pursuant to G.S. 93A-6. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

SECTION .0500 - COURSE OPERATIONAL 
REQUIREMENTS 

.0501 PURPOSE AND APPLICABILITY 

This Section prescribes various operational 
requirements for both approved elective courses 
and update courses. Sponsors are fully responsible 
for assuring compliance with these course opera- 
tional requirements as well as continued compli- 
ance with the criteria for original approval of 
courses and sponsors. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0502 SCHEDULING 

Courses must be scheduled and conducted in a 
manner that limits class sessions to a maximum of 
eight classroom hours in any given day, including 
appropriate breaks for each class session. The 
maximum permissible class session without a break 
is 90 minutes. Courses scheduled for more than 
four hours in any given day must include a meal 
break of at least one hour. 

Statutory Authority- G.S. 93A-3(c); 93A-4A. 

.0503 MINIMUM CLASS SIZE 

The minimum class size for any session of an 
approved continuing education course shall be five 



2453 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



students. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0504 NOTICE OF SCHEDULED COURSES 

(a) Sponsors must provide the Commission 
written notice of all scheduled course offerings not 
later than 10 days prior to a scheduled course date. 
The notice shall include the name and assigned 
number for the sponsor and, for each scheduled 
course, the name and assigned number for the 
course, the scheduled date and time, specific 
location, and name of the instructor. 

(b) Sponsors must notify the Commission of any 
schedule changes or course cancellations at least 
five days prior to the original scheduled course 
date. If a last minute change or cancellation is 
necessary due to some unforeseen circumstance, 
then notice should be provided to the Commission 
as soon as possible. 

(c) Sponsors must notify' the Commission as 
soon as possible when it becomes apparent that 
enrollment in a planned class session will exceed 
100 students. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0505 ADVERTISING; PROVIDING 
COURSE INFORMATION 

(a) Course sponsors must not utilize advertising 
of any type that is false or misleading fn any 
respect. If the number of continuing education 
credit hours awarded by the Commission for an 
approved elective course is less than the number of 
scheduled hours for the course, any course adver- 
tisement or promotional materials which indicate 
that the course is approved for real estate continu- 
ing education credit in North Carolina must speci- 
fy the number of continuing education credit hours 
awarded by the Commission for the course. 

(b) Any flyers, brochures or similar materials 
utilized to promote a continuing education course 
must clearly describe the fee to be charged and the 
sponsor's cancellation and fee refund policies. 

(c) Course sponsors of any elective course must, 
upon request, provide any prospective student a 
description of the course content sufficient to give 
the prospective student a general understanding of 
the instruction to be provided in file course. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0506 CLASSES OPEN TO ALL LICENSEES 

All approved continuing education courses must 
be open to all licensees on a first-come/first-served 



basis. Real estate licensees, companies, franchis- 
es, company-owned schools or trade organizations 
approved by the Commission as course sponsors 
must afford all licensees an equal opportunity to 
enroll in each session of an approved course. 
Courses may not be promoted or conducted in 
such a manner as would effectively exclude licens- 
ees who are not affiliated in some manner with the 
sponsor. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0507 CLASSROOM FACILITIES 

Courses must be conducted in a facility that 
provides an appropriate learning environment. At 
a minimum, the classroom must: 

(1) be of sufficient size to accommodate 
comfortably all enrolled students; 

(2) be adequately equipped with student 
desks, worktables with chairs or other 
seating having a writing surface; 

(3) have adequate light, heat, cooling, venti- 
lation, and public address equipment; and 

(4) be free of distractions that would disrupt 
class sessions. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0508 STUDENT CHECK-IN 

Upon initially checking in for a class session, 
sponsors and instructors shall require each licensee 
to provide their license number and shall provide 
each student with a copy of the continuing educa- 
tion student information sheet provided to sponsors 
by the Commission. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0509 INSTRUCTOR CONDUCT AND 
PERFORMANCE 

(a) Instructors must assure that class sessions are 
commenced in a timely manner and are conducted 
for the full amount of time that is scheduled. 
Instructors must also assure that each update 
course is taught according to the instructor guide 
provided by the Commission and that each elective 
course is taught according to the course plan and 
instructor guide that was approved by the Commis- 
sion, including the furnishing to students of appro- 
priate student materials. 

(b) Instructors must conduct themselves m a 
professional and courteous manner when perform- 
ing their instructional duties and must conduct 
classes in a manner that demonstrates a mastery of 
the following basic teaching skills: 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2454 



PROPOSED RULES 



ill 



12] 



ill 



14} 

15] 
16] 

II] 



The ability to communicate effectively 
through speech, including the ability to 
speak clearly at an appropriate rate of 
speed and with appropriate voice inflec- 
tion, grammar and vocabulary. 
The ability to present an effective visual 
image to a class, including appropriate 
appearance and physical mannerisms. 
The ability to present instruction jn a 
thorough, accurate, logical, orderly and 
understandable manner, to utilize illus- 
trative examples as appropriate, and to 
respond appropriately to questions from 
students. 

The ability to effectively utilize varied 
instructional techniques in addition to 
straight lecture, such as class discus- 
sion, role playing or other techniques. 
The ability to effectively utilize instruc- 
tional aids, such as the overhead projec- 
tor, to enhance learning. 
The ability to maintain an appropriate 
learning environment and effective 
control of a class. 



The ability to interact with adult stu- 
dents jn a positive manner that encour- 
ages students to learn, that demonstrates 
an understanding of varied student 
backgrounds, that avoids offending the 
sensibilities of students, and that avoids 
personal criticism of any other person, 
agency or organization. 



Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0510 MONITORING ATTENDANCE 

(a) Sponsors and instructors must strictly moni- 
tor attendance for the duration of each class ses- 
sion to assure that all students reported as satisfac- 
torily completing a course have attended at least 90 
percent of the scheduled classroom hours. Stu- 
dents shall not be admitted to a class session after 
10 percent of the scheduled classroom hours have 
been conducted. Students shall not be allowed to 
sign a course completion card, shall not be issued 
a course completion certificate, and shall not be 
reported to the Commission as having completed 
a course unless the student fully satisfies the 
attendance requirement. Sponsors and instructors 
may not make any exceptions to the attendance 
requirement for any reason. Sponsors and instruc- 
tors shall also comply fully with any additional 
instructions for monitoring attendance provided by 
the Commission. 

(b) Sponsors must assure that adequate person- 



nel, jn addition to the instructor, are present 
during all class sessions to assist the instructor in 
monitoring attendance and performing the neces- 
sary administrative tasks associated with conduct- 
ing a course. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0511 STUDENT PARTICIPATION 
STANDARDS 

(a) In addition to requiring student compliance 
with the attendance requirement, instructors shall 
require that students comply with the following 
student participation standards: 

( 1 ) A student shall direct his active atten- 
tion to the instruction being provided 
and refrain from engaging in activities 
unrelated to the instruction. 

(2) A student shall refrain from engaging in 
any activities which are distracting to 
other students or the instructor, or 
which otherwise disrupt the orderly 
conduct of a class. 

(3) A student shall comply with all instruc- 
tions provided by the sponsor or in- 
structor related to providing informa- 
tion needed to properly report comple- 
tion of a course by the student. 

(b) Instructors have the authority to dismiss 
from a class session any student who, after having 
received one warning, fails to comply with the 
student participation standards prescribed in Para- 
graph (a) of this Rule. In the alternative, the 
instructor or sponsor may report the problem to 
the Commission when providing required reports 
to the Commission regarding the class session 
during which the problem occurred. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0512 SOLICITATION OF STUDENTS 

Sponsors and instructors may make available for 
purchase by continuing education students materi- 
als that belong to the sponsor, instructor, or some 
other party; however, class time may not be used 
to promote or seU any materials or to solicit 
affiliation or membership in any business or 
organization. 

Statutory Authority G. S. 93A-3(c); 93A-4A. 

.0513 CANCELLATION AND REFUND 
POLICIES 

Course sponsors must administer course cancella- 
tion and fee refund policies in a non-discriminatory 



2455 



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NORTH CAROLINA REGISTER 



March 15, 1994 



PROPOSED RULES 



manner. ]n the event a scheduled course is can- 
celed, reasonable efforts must be made to notify 
p reregistered students of the cancellation and all 
prepaid fees received from such preregistered 
students must be refunded within 30 days of the 
date of cancellation or, with the student's permis- 
sion, applied toward the fees for another course. 



Statutory Authority G.S. 93A-3(c); 93A-4A. 

.0514 COURSE INSPECTIONS BY 

COMMISSION REPRESENTATIVE 

Course sponsors shall admit the Commission's 
authorized representative to monitor any continu- 
ing education class without prior notice. Such 
representatives shall not be required to register or 
pay any fee and shall not be reported as having 
completed the course. 

Statutory Authority G.S. 93A-3(c); 93A-4A. 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2456 



LIST OF RULES CODIFIED 



1 he List of Rules 


Codified 


is a listing of rules that were filed with OAH in the month indicated. 


Key- 








Citation 




= 


Title, Chapter, Subchapter and Rule(s) 


AD 




= 


Adopt 


AM 




= 


Amend 


RP 




= 


Repeal 


With Chgs 




= 


Final text differs from proposed text 


Corr 




= 


Typographical errors or changes that requires no rulemaking 


Eff. Date 




= 


Date rule becomes effective 


Temp. Exp 


ires 


= 


Rule was filed as a temporary rule and expires on this date or 180 days 



t 



NORTH CAROLLNA ADMINISTRATIVE CODE 
JANUARY 94 



[TLE 


DEPARTMENT 


1 


Administration 


10 


Human Resources 


11 


Insurance 


13 


Labor 


15A 


Environment, Health, and 




Natural Resources 


19A 


Transportation 



TITLE DEPARTMENT 

21 Occupational Licensing Boards 

19 - Electrolysis 
26 - Landscape Architects 
36 - Nursing 

38 - Occupational Therapy 
60 - Refrigeration Examiners 
65 - Therapeutic Recreation Certification 

26 Administrative Hearings 



♦ 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


1 NCAC 35 .0303 






/ 






02/01/94 




10 NCAC 3C .0201 




/ 




/ 




02/01/94 




.2101 


/ 






/ 




02/01/94 




.2102 - .2103 


/ 










02/01/94 




.2104 - .2105 


/ 






/ 




02/01/94 




3D .1301 - .1302 




/ 




/ 




02/01/94 




3R .0214 










/ 






.0304 










/ 






.1218 










/ 






.1413 










/ 






.1415 










/ 






.1419 










/ 









# 



2457 



8:24 



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March 15, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3R .1613 - .1617 




/ 




/ 




02/01/94 




.1618 




/ 








02/01/94 




.1619 


/ 










02/01/94 




.1713 - .1715 










/ 






.1718 










/ 






.1912 










/ 






.2115 










/ 






.2314 


/ 










02/01/94 




.2315 


/ 






/ 




02/01/94 




.2316 


/ 










02/01/94 




.2317 - .2318 


/ 






/ 




02/01/94 




.2319 - .2320 


/ 










02/01/94 




.2713 


/ 










02/01/94 




.2714 


/ 






/ 




02/01/94 




.2715 


/ 










02/01/94 




.2716 - .2718 


/ 






/ 




02/01/94 




.2719 


/ 










02/01/94 




.3050 










/ 






.3102 - .3103 










/ 






.3201 - .3202 










/ 






.3205 










/ 






.3301 


/ 










02/01/94 




.3302 - .3303 


/ 






/ 




02/01/94 




.3304 


/ 










02/01/94 




.3305 


/ 






/ 




02/01/94 




.3306 


/ 










02/01/94 




.3401 










/ 






.3505 










/ 






.3601 - .3602 










/ 






.3701 - .3703 










/ 






.3801 










/ 






.3803 - .3805 










/ 






.3902 - .3903 










/ 









8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2458 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3R .6001 - .6004 


/ 










03/01/94 




22T .0202 - .0203 


/ 










02/01/94 




22U .0102 


/ 










02/01/94 




.0201 


/ 






/ 




02/01/94 




.0202 


/ 










02/01/94 




.0203 


/ 






/ 




02/01/94 




.0204 - .0205 


/ 










02/01/94 




22V .0101 


/ 










02/01/94 




.0201 - .0202 


/ 






/ 




02/01/94 




.0203 


/ 










02/01/94 




35D .0303 




/ 








03/01/94 




35E .0104 - .0106 




/ 








03/01/94 




.0306 




/ 




/ 




03/01/94 




.0308 




/ 




/ 




03/01/94 




.0322 


/ 










03/01/94 




35F .0101 - .0103 






/ 






03/01/94 




.0106 - .0108 






/ 






03/01/94 




.0201 


/ 










03/01/94 




.0301 - .0305 


/ 










03/01/94 




.0306 


/ 






/ 




03/01/94 




.0307 - .0308 


/ 










03/01/94 




42A .0308 -.0310 






/ 






03/01/94 




.0601 - .0603 


/ 










03/01/94 




.0604 - .0605 


/ 






/ 




03/01/94 




.0606 - .0608 


/ 










03/01/94 




42J .0003 




/ 








03/01/94 




42Q .0014 




/ 








03/01/94 




42R .0204 




/ 








03/01/94 




46G .0214 




/ 




/ 




02/01/94 




46H .0104 




/ 




/ 




02/01/94 




47B .0404 




/ 








07/01/94 




11 NCAC 6A .0802 




/ 




/ 




02/01/94 




10 .1208 


/ 






/ 




02/01/94 







2459 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 

Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


11 NCAC 12 .1304 




/ 








02/01/94 




.1306 - .1307 




/ 








02/01/94 




16 .0205 




/ 




/ 




02/01/94 




13 NCAC 7F .0101 




/ 




/ 




02/01/94 




15A NCAC U .0102 




/ 








03/08/94 


1 80 DAYS 


.0201 




/ 








03/08/94 


1 80 DAYS 


.0303 - .0304 




/ 








03/08/94 


180 DAYS 


.0402 




/ 








03/08/94 


180 DAYS 


.0501 






/ 






03/08/94 


1 80 DAYS 


.0502 - .0503 




/ 








03/08/94 


180 DAYS 


.0505 




/ 








03/08/94 


1 80 DAYS 


.0602 - .0603 




/ 








03/08/94 


1 80 DAYS 


.0605 






/ 






03/08/94 


1 80 DAYS 


.0606 




/ 








03/08/94 


180 DAYS 


.0701 - .0703 




/ 








03/08/94 


1 80 DAYS 


.0802 - .0803 




/ 








03/08/94 


1 80 DAYS 


.0901 




/ 








03/08/94 


1 80 DAYS 


.0904 




/ 








03/08/94 


1 80 DAYS 


.0905 






/ 






03/08/94 


1 80 DAYS 


.1002 




/ 








03/08/94 


1 80 DAYS 


.1101 




/ 








03/08/94 


1 80 DAYS 


1L .0101 - .0102 


/ 










03/08/94 


1 80 DAYS 


.0201 - .0203 


/ 










03/08/94 


1 80 DAYS 


.0301 - .0303 


/ 










03/08/94 


1 80 DAYS 


.0401 


/ 










03/08/94 


1 80 DAYS 


.0501 - .0504 


/ 










03/08/94 


1 80 DAYS 


.0601 - .0605 


/ 










03/08/94 


180 DAYS 


.0701 - .0703 


/ 










03/08/94 


1 80 DAYS 


.0801 


/ 










03/08/94 


1 80 DAYS 


.0901 - .0902 


/ 










03/08/94 


1 80 DAYS 


.1001 - .1004 


/ 










03/08/94 


1 80 DAYS 


.1101 - .1102 


/ 










03/08/94 


1 80 DAYS 


.1201 - .1202 


/ 










03/08/94 


1 80 DAYS 





8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2460 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 2D .0101 




/ 








03/08/94 


1 80 DAYS 


.0501 




/ 








03/08/94 


1 80 DAYS 


.0503 




/ 








03/08/94 


180 DAYS 


.0524 - .0525 




/ 








03/08/94 


180 DAYS 


.0530 - .0533 




/ 








03/08/94 


1 80 DAYS 


.0601 




/ 








03/08/94 


1 80 DAYS 


.0801 - .0804 




/ 








03/08/94 


1 80 DAYS 


.0805 - .0806 


/ 










03/08/94 


180 DAYS 


.1109 


/ 










03/08/94 


1 80 DAYS 


2H .0223 




/ 




/ 




02/01/94 




.0601 - .0607 






/ 






03/08/94 


180 DAYS 


.0805 










/ 






2Q .0101 - .0111 


/ 










03/08/94 


1 80 DAYS 


.0201 - .0207 


/ 










03/08/94 


1 80 DAYS 


.0301 - .0311 


/ 










03/08/94 


1 80 DAYS 


.0401 - .0418 


/ 










03/08/94 


1 80 DAYS 


.0501 - .0524 


/ 










03/08/94 


1 80 DAYS 


.0601 - .0606 


/ 










03/08/94 


1 80 DAYS 


10B .0119 




/ 




/ 




02/01/94 




.0123 


/ 










02/01/94 




10E .0004 




/ 








02/01/94 




10F .0330 




/ 








02/01/94 




.0360 




/ 








02/01/94 




10H .0806 




/ 








02/01/94 




.0813 


/ 










02/01/94 




101 .0002 - .0003 




/ 








02/01/94 




19H .0702 




/ 




/ 




02/01/94 




.0903 




/ 








02/01/94 




19A NCAC 2D .0601 - .0602 










/ 






.0607 










/ 






.0816 










/ 






.0818 










/ 






.0825 










/ 









2461 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



LIST OF RULES CODIFIED 



I 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


19A NCAC 2D .0828 










/ 






31 .0501 










/ 






21 NCAC 19 .0202 




/ 




/ 




02/01/94 




.0622 


/ 










02/01/94 




26 .0204 - .0205 






/ 






02/01/94 




.0206 - .0207 




/ 








02/01/94 




.0208 






/ 






02/01/94 




36 .0203 




/ 








02/01/94 




.0211 




/ 








02/01/94 




.0213 




/ 








02/01/94 




.0218 




/ 








02/01/94 




.0221 




/ 








02/01/94 




38 .0102 




/ 








02/01/94 




.0204 




/ 








02/01/94 




.0306 - .0307 






/ 






02/01/94 




.0613 




/ 








02/01/94 




.0701 - .0703 


/ 






/ 




02/01/94 




.0704 - .0706 


/ 










02/01/94 




60 .0211 


/ 






/ 




02/01/94 




65 .0004 


/ 






/ 




02/01/94 




26 NCAC 1 .0103 




/ 








02/01/94 




3 .0101 




/ 








02/01/94 




.0105 




/ 








02/01/94 




.0107 




/ 




/ 




02/01/94 




.0108 




/ 








02/01/94 




.0112 




/ 








02/01/94 




.0126 




/ 








02/01/94 




.0201 


/ 






/ 




02/01/94 




.0202 - .0206 


/ 










02/01/94 




.0207 


/ 






/ 




02/01/94 




.0208 


/ 










02/01/94 





8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2462 



RRC OBJECTIONS 



1 he Rules Re\'iew Commission (RRC) objected to the following rules in accordance with G.S. 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



RRC Objection 12/16/93 
Obj. Cont'd 01/20/94 
Obj. Removed 02/17/94 



RRC Objection 
RRC Objection 



01/20/94 
01/20/94 



COMMERCE 

Banking Commission 

4 NCAC 3F .0202 - Permissible Investments 
Agency Responded 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Soil and Water Conservation Commission 

15A NCAC 6F .0004 - Approved Best Management Practices (BMPs) 
15 A NCAC 6F .0005 - Technical Specialist Designation Procedure 

HUMAN RESOURCES 

Aging 

10 NCAC 22T .0101 - Scope of Health Screening Services 
10 NCAC 22T .0201 - Provision of Health Screening Services 
10 NCAC 22V .0101 - Scope of Senior Companion 
10 NCAC 22W .0101 - Scope of Home Care Services 

LICENSLNG BOARDS AND COMMISSIONS 

Landscape Architects 

21 NCAC 26 .0209 - Unprofessional Conduct 
21 NCAC 26 .0210 - Dishonest Practice 
21 NCAC 26 .0211 - Incompetence 

STATE PERSONNEL 

Office of State Personnel 

25 NCAC ID .0512 - Policy Making/Confidential Exempt Priority Consideration RRC Objection 02/17/94 



RRC Objection 01/20/94 

RRC Objection 01/20/94 

RRC Objection 01/20/94 

RRC Objection 02/1 7/94 



RRC Objection 01/20/94 
RRC Objection 01/20/94 
RRC Objection 01/20/94 



2463 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

LMS Express, Inc. v. Administration, Div oi Purchase & Contract 92 DOA 0735 

StaufFer Information Systems v. Community Colleges & Administration 92 DOA 0803 

McLaurin Parking Co. v. Administration 92 DOA 1662 

Warren H. Arrington Jr. v. Division of Purchase &. Contract 93 DOA 0132 

Travel, Incorporated v. Administration 93 DOA 0362 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Morgan 06/04/93 

West 06/10/93 

Morrison 04/02/93 

West 07/21/93 

Nesnow 11/08/93 



1:7 NCR 613 
1:3 NCR 320 



Alcoholic Beverage Control Comm. v. Ann Oldham McDowell 
Curtis Ray Lynch v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Ezra Everett Rigshee 
Alcoholic Beverage Control Comm. v. Partnership, Phillip Owen Edward 
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent 
Alcoholic Beverage Control Comm. v. Azzat Aly Amer 
Alcoholic Beverage Control Comm. v. Kirry Ronald Eldridge 
Alcoholic Beverage Control Comm. v. Gloria Black McDuffie 
Alcoholic Beverage Control Comm. v. Larry Isacc Hailstock 
Alcoholic Beverage Control Comm. v. Anthony Ralph Cecchini Jr. 
Johnnie L. Baker v. Alcoholic Beverage Control Commission 
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace 
Alcoholic Beverage Control Comm. v. Mermaid, Inc. 
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan 
Cornelius Hines T/A Ebony Lounge v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v. Homer Patrick Godwin Jr. 
Alcoholic Beverage Control Comm. v. Wanda Lou Ball 
Charles Anthonious Morant v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v Billy Fincher McSwain Jr. 
Jean Hoggard Askew v. Alcoholic Beverage Control Commission 
Nizar Yusuf Yousef v, Alcoholic Beverage Control Commission 
ABC Comm. v. Partnership /T/A Corrothers Comty Ctr & Private Club 
Alcoholic Beverage Control Comm. v. James El wood Alphin 
Alcoholic Beverage Control Comm. v. James William Campbell 
Alcoholic Beverage Control Comm. v. Sydner Jan Mulder 
Barbara Locklear v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Nizar Yusuf Yousef 
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawk's Landing 
Alcoholic Beverage Control Com. v. Thomas Andrew Reid 
Zachary Andre Jones v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Mack Ray Chapman 
Alcoholic Beverage Control Comm. v. Bistro Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Riehaid Donald James Jr. 
Alcoholic Beverage Control Comm. v. George Oliver O'Neal III 
Alcoholic Beverage Control Comm. v. The Sideline of Wilmington, Inc. 
William Vernon Franklin & Gene Carroll Daniels v. ABC Commission 
Pink Bell v. ABC Commission 
Alcoholic Beverage Control Comm. v. Joseph Adu 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Mohammad Salim Pirini 



92 ABC 0260 


Morgan 


04/01/93 




92 ABC 0288 


Gray 


05/18/93 




92 ABC 0702 


West 


07/30/93 




92 ABC 0978 


Gray 


05/28/93 




92 ABC 1086 


Becton 


03/22/93 




92 ABC 1149 


Reilly 


09/01/93 




92 ABC 1153 


Chess 


04/26/93 




92 ABC 1476 


West 


05/26/93 




92 ABC 1483 


Reilly 


04/07/93 




92 ABC 1690 


Morgan 


06/29/93 




92 ABC 1735 


Chess 


05/07/93 




93 ABC 0002 


Morrison 


07/02/93 




93 ABC 0047 


Gray 


05/28/93 




93 ABC 0076 


Gray 


08/04/93 




93 ABC 0087 


Becton 


07/06/93 


8:9 NCR 785 


93 ABC 0118 


Morrison 


08/04/93 




93 ABC 0125 


Reilly 


05/13/93 




93 ABC 0182 


Nesnow 


07/29/93 




93 ABC 0232 


Chess 


07/20/93 




93 ABC 0239 


Gray 


08/26/93 




93 ABC 0255 


West 


09/10/93 




93 ABC 0280" 14 


Morgan 


01/31/94 




93 ABC 0318 


Reilly 


07/22/93 




93 ABC 0326 


Gray 


08/26/93 




93 ABC 0327 


Gray- 


08/09/93 




93 ABC 0354 


Morgan 


11/10/93 


8:17 NCR 1712 


93 ABC 0395 


West 


09/14/93 




93 ABC 0399*" 


Morgan 


01/31/94 




93 ABC 0407 


Becton 


10/18/93 




93 ABC 0408 


Gray 


11/01/93 




93 ABC 0421 


West 


09/13/93 




93 ABC 0423 


Gray 


09/17/93 




93 ABC 0430 


Reilly 


10/07/93 




93 ABC 043 1 


Nesnow 


09/01/93 




93 ABC 0433 


Morgan 


11/01/93 


8:16 NCR 1553 


93 ABC 0462 


Becton 


10/27/93 




93 ABC 0570 


Reilly 


09/17/93 




93 ABC 0595 


Morgan 


12/20/93 




93 ABC 0601 


Nesnow 


10/28/93 


8:16 NCR 1560 


93 ABC 0611 


West 


10/12/93 




93 ABC 0613 


West 


10/11/93 




93 ABC 0616 


West 


10/13/93 





Consolidated cases. 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2464 



CONTESTED CASE DECISIONS 



AGENCY 



Linda R. Cunningham V. Alcoholic Beverage Control Commission 
Charles Edward Han:, Club Paradise v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v, Katherine Mary Dufresne 
Alcoholic Beverage Control Comm. v. Utilities Control, Inc. 
Nasseem MeJhat Awartani V. Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm. v. Jerome Hill T/A Comer Pocket 
Venus L. Smith v. Alcoholic Beverage Control Commission 
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store 
Alcholic Beverage Control Comm. v. Ervin Ray Winstead 
Alcoholic Bev. Control Comm. v. Mild Sl Wild, Inc.. Sheila Scholz 



CASE 




DATE OF 


NUMBER 


AEJ 


DECISION 


93 ABC 0633 


Morrison 


11/03/93 


93 ABC 0644 


Gray 


08/10/93 


93 ABC 0667 


Reilly 


12/13/93 


93 ABC 0861 


Mann 


01/24/94 


93 ABC 0959 


Chess 


01/13/94 


93 ABC 0672 


Gray 


11/23/93 


93 ABC 0701 


Becton 


12/08/93 


93 ABC 0860 


Mann 


09/29/93 


93 ABC 0890 


Chess 


12/30/93 


93 ABC 1475 


Nesnow 


03/23/93 



PUBLISHED DECISION 
REGISTER CITATION 



♦ 



8:22 NCR 2195 



COMMERCE 

Lester Moore v. Weatheri?ation Assistance Program 
CRIME CONTROL AND PUBLIC SAFETY 



93 COM 0105 Gray 



03/08/93 



George W. Paylor v. Crime Victims Compensation Comm. 
Steven A. Barner v. Crime Victims Compensation Comm. 
Anthony L. Hart v. Victims Compensation Comm. 
Jennifer Ayers v. Crime Victims Compensation Comm. 
Janie L. Howard v. Crime Victims Compensation Comm. 
Isahelle Hyinan v. Crime Victims Compensation Comm. 
James G. Pellom v. Crime Control & Public Safety 
Norman E. Brc>wn v. Victims Compensation Commission 
Moses H. Cone Mem Hosp v. Victims Compensation Comm. 
David Sl Jane Spano v. Crime Control Sl Public Safety 
Phillip Edward Moore v. Crime Control Sl Public Safety 
Norma Jean Purkett v. Crime Victims Compensation Comm. 
Sheila Carter v. Crime Control and Public Safety 
John Willie Leach v. Crime Victims Compensation Comm. 
Nellie R. Mangum v. Crime Victims Compensation Comm. 
Constance Brown v. Crime Victims Compensation Comm. 
Susan Coy v. Crime Victims Compensation Commission 
Mark A. McCrimmon v. Crime Victims Compensation Comm. 
Rendall K. Rothrock v. Crime Victims Compensation Comm. 
Kenneth Alan Gay v. Crime Victims Compensation Comm. 
Anthony Dewayne McClelland v. Victim Compensation Comm. 
Jasper L. Payton v. Crime Victims Compensation 
Sabrina D. Adams v. Victims Compensation Comm. 
John Pressley Moore v. Crime Victims Compensation Comm. 
Sharon Hater v. Victims Compensation Comm. 
Treva L. Marley v. Crime Victims Compensation Comm. 
Dollie F. McMillan v. Victims Compensation 
Katie Brunson v. Victims Compensation 
Jeanette Ellis v. Crime Victims Compensation Comm. 
Grady Wright v. Crime Victims Compensation Comm. 
Janie Williams v. Crime Victims Compensation Comm. 
Richard L. Drake v. Crime Victims Compensation Comm. 



91 CPS 


1286 


Morgan 


04/27/93 




92 CPS 0453 


Nesnow 


06/01/93 




92 CPS 0937 


Chess 


03/01/93 




92 CPS 


1195 


Reilly 


03/19/93 




92 CPS 


1787 


Reilly 


03/26/93 




92 CPS 


1807 


Morrison 


05/24/93 




93 CPS 0034 


Gray 


05/05/93 




93 CPS 0141 


West 


07/07/93 




93 CPS 0152 


Nesnow 


04/02/93 


8:3 NCR 327 


93 CPS 0160 


Nesnow 


07/30/93 


8:10 NCR 862 


93 CPS 0169 


Nesnow 


05/20/93 




93 CPS 0205 


West 


08/27/93 


8:12 NCR 1171 


93 CPS 0249 


Morgan 


08/25/93 




93 CPS 0263 


Morrison 


05/20/93 




93 CPS 0303 


Morrison 


06/08/93 




93 CPS 0351 


Reilly 


05/24/93 




93 CPS 0623 


Reilly 


09/22/93 




93 CPS 0652 


Becton 


12/20/93 


8:20 NCR 2016 


93 CPS 0821 


West 


12/28/93 




93 CPS 


1118 


Nesnow 


02/16/94 




93 CPS 


1168 


West 


02/16/94 




93 CPS 


1281 


West 


02/16/94 




93 CPS 


1378 


West 


02/16/94 




93 CPS 


1405 


Morrison 


12/29/93 




93 CPS 


1480 


Becton 


02/07/94 




93 CPS 


1671 


Gray 


02/16/94 




93 CPS 


1717 


Nesnow 


01/24/94 




93 CPS 


1740 


West 


02/16/94 




93 CPS 


1765 


Gray 


02/17/94 




93 CPS 


1798 


Gray 


02/17/94 




94 CPS 0037 


Gray 


02/17/94 




94 CPS 0038 


Gray 


02/17/94 





♦ 



EMPLOYMENT SECURITY COMMISSION 



William H. Peace III v. Employment Security Commission 
ENVIRONMENT. HEALTH. AND NATURAL RESOURCES 



91 EEO0536 



Ches.s 



10/12/93 



S: 19 NCR 1914 



Charles L. Wilson v. Environment, Health, Sl Natural Resources 
J. Bruce Mulligan v. Environment, Health, Sl Natrual Resources 
Calvin Blythe Davis Sl George Thomas Davis v. EHR 
Michael D. Barnes v. Onslow Cty Hlth & Environment and EHR 
William E. Finck v. Environment, Health, & Natural Resources 
Utley C. Stallings v. Environment, Health, Sl Natural Resources 
Dora Mae Blount on behalf of Joseph T. Midgette v. Hyde Cty 

Bd/Commissioneis, Hyde Cty Bd/Health, Sl Environment, 

Health. Sl Natural Resources 
Thomas G. McHugh v. DEHNR 

A.J. Ballard Jr., Tire & Oil Co., Inc. v. Env., Health, & Nat. Res. 
Safeway Removal, Inc. v. Environment, Health, Sl Natural Res. 



91 EHR 0664 


Morgan 


03/23/93 


91 EHR 0773 


West 


07/13/93 


91 EHR 0794 


Morrison 


12/02/93 


91 EHR 0825 


Morgan 


06/21/93 


92 EHR 0040 


Gray 


06/14/93 


92 EHR 0062 


Grav 


03/15/93 


92 EHR 0400 


Gray 


10/15/93 


92 EHR 0742 


Becton 


12/28/93 


92 EHR 0754 


Nesnow 


08/30/93 


92 EHR 0826 


West 


03/12/93 



# 



8:1 NCR 83 



2465 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



CONTESTED CASE DECISIONS 



agency 



White Oak Chapter oi the Izaak Walton League, Inc., and 

National Parks and Conservation Association, Inc. v. 

Division of Solid Waste Management, EHR and Haywood County 
Southchein, Inc. v. Environment, Health, & Natural Resources 
Elizabeth City /Pasquotank Cty Mun Airport Auth v. EHNR 
WE. Moulton & Wife, Evelyn Moulton v. Macon County Health Dept. 
Interstate Brands Corp & Donald Leffew v. Env. , Health, & Nat. Res. 
Service Oil Company v. Environment, Health, & Natural Resources 
Interstate Brands Corp & Donald Leffew v. Env., Health, & Nat. Res. 
Residents of Camm & Shell v. Health Environmental - Septic Tank Div. 
City of Salisbury v. Environment, Health, & Natural Resources 
Willie M. Watford v. Hertford Gates District Health Department 
Standard Speciality Contractors, Inc. v. EHNR 
Shawqi A. Jaber v. Environment, Health, & Natural Resources 
McLeod Leather & Belting Co.. Inc. v. Env., Health, &. Natural Res. 
Angela Power, Albert Power v. Children's Special Health Sves. 
Rayco Utilities, Inc. v. Environment, Health, & Natural Resources 
Erby Lamar Grainger v. Environment, Health, & Natural Resources 
Mustafa E. Essa v. Environment, Health, & Natural Resources 
A.J. Holt v. Public Water Supply Section, Div. of Environmental Health 
Charlie Gartield MePherson Swine Farm v. Env., Health, & Nat. Res. 
Keith Cutler, Kathryn Cutler v. Environment, Health, &. Natural Res. 
Rosetta Brimage, Vanessa Pack v. Env. Health of Craven County 
R.L. Stowe Mills, Inc. v. Enviamment, Health, &. Natural Resources 
O.C. Stafford/Larry Haney v. Montgomery Cty. Health Dept. 
Patricia Y. Marshall v. Montgomery Cty Health Dept. &. EHR 
Fred M. Grooms v. Environment, Health, & Natural Resources 
Bobby Anderson v. Environment, Health, & Natural Resources 
Shell Bros. Dist., Inc. v. Environment, Health, &. Natural Resources 
Fred C. Gosnell &. wife, Patricia T. Gosnell v. Env., Health, & Nat. Res. 
Holding Bros., Inc. v. Environment, Health, & Natural Resources 
Tony Tomson, Diane Clase & William J. Stevenson v. EHR 
Tony Tomson, Diane Clase & William J. Stevenson v. EHR 
Hamilton Beaeh/Paietor-Silex, Inc. v. Environment, Health, & Natrl Res 
Tun Whitfield v. Environment, Health, &. Natural Resources 
Tony Worrell v. Environment, Health, & Natural Resources 
L. Terry Fuqua v. Environment, Health, & Natural Resources 
Seth B. Gaskill Jr. v. N.C. Coastal Resources Commission 
Albert B. Cardwell v. Carteret Cty Env. Div. &. EHNR 
World Omni Development v. Environment, Health, & Natural Resources 
Jimmy Hough v. Environment, Health, & Natural Resources 
N.C. Salvage Co., Inc. v. Environment, Health, & Natural Resources 
Richard L. Goodman v. Environment, Health, & Natural Resources 
Mona>e Gaskill v. DEHNR-Div. of Coastal Management 
C.J. Ramey & wile, Diane B. Ramey & Hubbard Realty of 
Wmston Salem, Inc. v. Environment, Health, &. Natural Resources 
M.N. Caroon v. Environmental Management 

Lanny Clifton, Southwind Dev., Co. v. Div. of Environmental Mgmt. 
Blue Ridge Env. Defense League, Inc. v. Env., Health, &. Natrl Res 
Charles Watson v. DEHNR 

Heatcrafl Inc. v. Environment, Health, & Natural Resources 
Ralph West-Land Owner by Preston M. Bratcher v. EHR 
J.P. Green Milling Co., Inc. v. Enviamment, Health, & Natural Res. 
J.P Green Milling Co., Inc. v. Environment, Health, & Natural Res. 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 EHR 0881 


West 


09/14/93 


92 EHR 0925 


Chess 


11/08/93 


92 EHR 1140 


Gray 


04/13/93 


92 EHR 1144 


Morgan 


11/15/93 


92 EHR 1201*" 


Reilly 


08/12/93 


92 EHR 1205 


Reilly 


05/27/93 


92 EHR 1224*" 


Reilly 


08/12/93 


92 EHR 1462 


Morrison 


08/25/93 


92 EHR 1472 


Morrison 


04/22/93 


92 EHR 1600 


Chess 


03/24/93 


92 EHR 1660 


Reilly 


05/21/93 


92 EHR 1784 


Bee ton 


07/07/93 


93 EHR 0003 


Morgan 


10/11/93 


93 EHR 0008 


Becton 


03/24/93 


93 EHR 0063 


Morrison 


09/17/93 


93 EHR 0071 


Reilly 


06/21/93 


93 EHR 0146 


Gray 


03/29/93 


93 EHR 0168 


West 


10/25/93 


93 EHR 0181 


Reilly 


07/23/93 


93 EHR 0185 


Morrison 


10/20/93 


93 EHR 0206 


Nesnow 


05/20/93 


93 EHR 0219 


Morrison 


08/11/93 


93 EHR 0224 


Gray 


06/07/93 


93 EHR 0252 


Gray 


10/22/93 


93 EHR 0276 


West 


08/27/93 


93 EHR 0299 


Reilly 


06/07/93 


93 EHR 0308 


Becton 


05/18/93 


93 EHR 0340 


Beeton 


08/11/93 


93 EHR 0380 


Nesnow 


08/03/93 


93 EHR 0466*" : 


Reilly 


11/30/93 


93 EHR 0467* 12 


Reilly 


11/30/93 


93 EHR 0477 


Reilly 


06/29/93 


93 EHR 0520 


Gray 


12/16/93 


93 EHR 0587 


Morgan 


11/08/93 


93 EHR 0624 


Reilly 


11/08/93 


93 EHR 0635 


Nesnow 


11/18/93 


93 EHR 0646 


Chess 


02/15/94 


93 EHR 0688 


Nesnow 


01/18/94 


93 EHR 0736 


Gray 


01/21/94 


93 EHR 0765 


Morrison 


02/15/94 


93 EHR 0783 


Reilly 


11/24/93 


93 EHR 0802 


Chess 


10/13/93 


93 EHR 0808 


West 


01/31/94 


93 EHR 0841 


Morrison 


02/25/94 


93 EHR 0848 


Becton 


10/20/93 


93 EHR 0862 


Nesnow 


10/11/93 


93 EHR 0981 


West 


12/20/93 


93 EHR 1021 


Morrison 


12/20/93 


93 EHR 1611 


Gray 


01/31/94 


93 EHR 1667*" 


Reilly 


02/28/94 


93 EHR 1668* 15 


Reilly 


02/28/94 



PUBLISHED DECISION 
REGISTER CITATION 



8:15 NCR 1503 



8:10 NCR 870 



8:11 NCR 996 



8:12 NCR 1176 



8:11 NCR 1001 



HUMAN RELATIONS COMMISSION 



Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 

Human Relations Comm. on hehalf of Marsha Criseo v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93 



:13 NCR 1287 
:12 NCR 1168 



HUMAN RESOURCES 



O.C. Williams v. Human Resources 

Ronald Terry Brown v. Human Resources 

Dennis K. King v. Human Resources 

Cathy Harris, A/K/A Cathy D. Gruhh v. Human Resources 

Raymond L. GrifHn v. Human Resources 



91CSE0036*" Morgan 03/30/93 

91CSE0249 Morgan 05/17/93 

91CSE1122 Morgan 07/28/93 

91CSE1131 Morgan 08/24/93 

91CSE1148 Morgan 08/24/93 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2466 



CONTESTED CASE DECISIONS 



M.I N< > 



O.C. Williams v. Human Resources 

Michael L. Ray v. Human Resources 

Ranch Chambliss v. Human Resources 

Melvin White v. Human Resources 

Joseph R. Kavaliauskas Jr. v. Human Resources 

Larry D. Bovd v. Human Resources 

Jefferson D Boylen v, Human Resources 

JefFery D. Williams v. Human Resources 

Jerry L. Summers v. Human Resources 

Samuel E. Massenberg Jr. v. Human Resources 

William A. Dixon v. Human Resources 

Gregory L Washington v. Human Resources 

Edwin Clarke v. Human Resources 

Dwavne Allen v. Human Resources 

Edwin Ivester v. Human Resources 

Connie F. Epps, Otis Junior Epps v. Human Resources 

Tyrone Aiken v. Human Resources 

Everett M. Eaton v. Human Resources 

Eugene Johnson v. Human Resources 

Michael P. McCay v. Human Resources 

Edward E. Brandon v, Human Resources 

James Sisk Jr. v. Human Resources 

Thomas M. Birdwell IU v. Human Resources 

Darrell W Russell v. Human Resources 

John Henry Byrd v. Human Resources 

Aaron James Alford v. Human Resources 

Michelle D. Mobley v. Human Resources 

Thornell Bowden v. Human Resources 

Gus W. Long Jr. v. Human Resources 

Robert E. Watson v. Human Resources 

Connell R. Goodson v. Human Resources 

Byron Christopher Williams v. Human Resources 

Elijah G. Deanes v. Human Resources 

James W. Bell v. Human Resources 

Charles W Stall Jr. v. Human Resources 

William A. Wilson HI V. Human Resources 

Eric Stanley Stokes v. Human Resources 

Clayton L. Littleton v. Human Resources 

Frank E. Johnson v. Human Resources 

David Rollins v. Human Resources 

Willie Sam Brown v. Human Resources 

Lyndell Greene v. Human Resources 

Charles Swann v. Human Resources 

Joe B. Reece v. Human Resources 

Michael Anthony Dean v. Human Resources 

Gregory W Alford v. Human Resources 

Leroy Snuggs v. Human Resources 

James P. Miller HI v. Human Resources 

Herbert H. Ford ham v. Human Resources 

Jack Dulq V. Human Resources 

Jesse B. Williams v. Human Resources 

Johnrt) Victor Debity v. Human Resources 

Larry L. Crowder v. Human Resources 

Carlos Bernard Davis v. Human Resources 

Ocie C. Williams v. Human Resources 

Terrance Freeman v. Human Resources 

Floyd Excell Stafford v. Human Resources 

Timothy Brian Eller v. Human Resources 

Charles S. Ferrer v. Human Resources 

Ronald H. Lockley v. Human Resources 

Rene Thomas Rittenhouse v. Human Resources 

Thomas Edward Williamson v. Human Resources 

Roy Chester Robinson v. Human Resources 

Lynwood McClinton v. Human Resources 

Timothy Scott Long v. Human Resources 

Kenneth Lamar Massey v, Human Resources 

David W. Williams v. Human Resources 

Wlliam E. Ingram v. Human Resources 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



91 CSE 


1 158*- 


Morgan 


03/30/93 


91 CSE 


1173 


Morgan 


05/17/93 


91 CSE 


1187 


Morgan 


04/28/93 


91 CSE 


1192 


Morgan 


05/17/93 


9 1 CSE 


1204 


Morgan 


07/29/93 


91 CSE 


1214 


Morgan 


08/24/93 


91 CSE 


1217 


Morgan 


05/17/93 


91 CSE 


1231 


Morgan 


04/28/93 


91 CSE 


1234 


Morgan 


07/28/93 


91 CSE 


1249 


Morgan 


05/17/93 


91 CSE 


1277 


Morrison 


03/04/93 


92 CSE 0075 


Morgan 


04/01/93 


92 CSE 0129 


Morgan 


05/17/93 


92 CSE 0196 


Morgan 


03/31/93 


92 CSE 0268 


Nesnow 


03/30/93 


92 CSE 


1182 


Reilly 


07/22/93 


92 CSE 


1217 


Gray 


06/17/93 


92 CSE 


1221 


Reilly 


07/27/93 


92 CSE 


1229 


Nesnow 


11/16/93 


92 CSE 


1235 


Gray 


02/18/94 


92 CSE 


1237 


Gray 


04/16/93 


92 CSE 


1238 


Reilly 


11/17/93 


92 CSE 


1240 


Reilly 


12/09/93 


92 CSE 


1249 


Becion 


04/20/93 


92 CSE 


1250 


Reilly 


06/04/93 


92 CSE 


1253 


Bectoa 


12/06/93 


92 CSE 


1256 


Nesnow 


04/15/93 


92 CSE 


1262 


Morrison 


02/18/94 


92 CSE 


1263 


Gray 


08/16/93 


92 CSE 


1265 


Reilly 


05/06/93 


92 CSE 


1267 


Gray 


12/07/93 


92 CSE 


1270 


Nesnow 


04/26/93 


92 CSE 


1273 


Nesnow 


11/17/93 


92 CSE 


1311 


Nesnow 


05/10/93 


92 CSE 


1313 


Mann 


07/06/93 


92 CSE 


1315 


Reilly 


12/07/93 


92 CSE 


1316*' 


Reilly 


03/25/93 


92 CSE 


1317 


Morrison 


09/02/93 


92 CSE 


1326 


Reilly 


08/16/93 


92 CSE 


1334 


Morrison 


05/06/93 


92 CSE 


1338 


Morrison 


09/15/93 


92 CSE 


1346 


Nesnow 


04/16/93 


92 CSE 


1347 


West 


09/16/93 


92 CSE 


1355 


Mann 


10/12/93 


92 CSE 


1356 


Mornson 


08/13/93 


92 CSE 


1358 


Gray 


10/18/93 


92 CSE 


1360 


Morrison 


04/15/93 


92 CSE 


1361 


Gray 


04/16/93 


92 CSE 


1362 


Nesnow 


07/19/93 


92 CSE 


1374 


Gray 


07/16/93 


92 CSE 


1389 


Nesnow 


10/12/93 


92 CSE 


1393 


Mann 


11/15/93 


92 CSE 


1396 


R.'.:. 


04/15/93 


92 CSE 


1404 


Reilly 


04/15/93 


92 CSE 


1405 


Mann 


06/25/93 


92 CSE 


1411 


Mann 


06/07/93 


92 CSE 


1412 


Reilly 


08/31/93 


92 CSE 


1414 


Reilly 


04/20/93 


92 CSE 


1416 


Mann 


04/15/93 


92 CSE 


1418 


Nesnow 


04/20/93 


92 CSE 


1421 


Nesnow 


04/20/93 


92 CSE 


1422 


Reilly 


04/20/93 


92 CSE 


1423 


Reilly 


04/15/93 


92 CSE 


1424 


Reilly 


09/15/93 


92 CSE 


1445 


Becton 


06/29/93 


92 CSE 


1447 


Reilly 


12/07/93 


92 CSE 


144S 


Nesnow 


07/19/93 


92 CSE 


1450 


Reillv 


04/15/93 



I 



♦ 



# 



2467 



8:24 



NORTH CAROLINA REGISTER 



March 15. 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Harold R. Pledger v. Human Resources 
Kenneth Wayne Wiggins v. Human Resources 
Carl Beard v. Human Resources 
Henry Alston Jr. v. Human Resources 
Gary Lewis Doster v. Human Resources 
Raymond L. Head v. Human Resources 
Mark R. Charles v. Human Resources 
Michael W. Bentley v. Human Resources 
Robert D. Knoll Jr. v. Human Resources 
Dale Robert Stuhre v. Human Resources 
James T. Carter Jr. v. Human Resources 
Tommy Malone v. Human Resources 
James C. Dixon Jr. v. Human Resources 
Timothy R Currence v. Human Resources 
Warclell Walker v. Human Resources 
Wallace M. Cooper v. Human Resources 
Jarvis N. Price v. Human Resources 
Danny Ray Warren v. Human Resources 
Thomas L. Yates v. Human Resources 
Clearnce Ray Taylor v. Human Resources 
Robert E. Tarlton Sr. v. Human Resources 
Rodney Devani Clemons v. Human Resources 
James A. Coleman v. Human Resources 
Lee Richard Jones v. Human Resources 
Romeo E Skapple v. Human Resources 
Terrial W. Mayberry v. Human Resources 
Jeffrey L. Garrett v. Human Resources 
Edward Kirk v. Human Resources 
William C. Hubbard v. Human Resources 
William Michael Przybysz v. Human Resources 
Kevin Keith Witmorc v. Human Resources 
Richard R. Smith v. Human Resources 
George A. Rinell v. Human Resources 
David W. Jones Jr. v. Human Resources 
Edward Fitch v. Human Resources 
David Robinelte v. Human Resources 
Harvey H. Boyd v. Human Resources 
Kit C. Elmore v. Human Resources 
Brian C. GUmore v. Human Resources 
Philip S. Piercy v. Human Resources 
Anthony McLaughlin v. Human Resources 
Johnny W. Cooke v. Human Resources 
Roland L. Essaff v. Human Resources 
Isaac Maxwell v. Human Resources 
Donald J. Ray v. Human Resources 
Barbara A. Chaperon v. Human Resources 
Kenneth Eugene Johnson v. Human Resources 
Derrick Carter v. Human Resources 
Charles Wayne Pierce v. Human Resources 
D.K. Bigler v. Human Resources 
Gregory L. Vernoy v. Human Resources 
Donna G. Knotts v. Human Resources 
Robert Jerome Sutton v. Human Resources 
Donald R. Williams v. Human Resources 
McKinley Clyburn v. Human Resources 
Henry L. Taylor v. Human Resources 
Tony Thorpe v. Human Resources 
Jeffery D. Williams v. Human Resources 
Ronald Sowell v. Human Resources 
Billy Smith v. Human Resources 
Rawn Weigel v. Human Resources 
Anthony Curry v. Human Resources 
John G. Williams v. Human Resources 
Larry W. Golden v. Human Resources 
William J. Carter v. Human Resources 
Mark W. Dean v. Human Resources 
Linda D. McDonald v. Human Resources 
Tyrone Thomas v. Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 CSE 1455 


Morrison 


05/20/93 


92 CSE 1458 


Gray 


12/13/93 


92 CSE 1459 


Re illy 


09/08/93 


92 CSE 1460 


Becton 


06/29/93 


92 CSE 1461 


Morrison 


10/21/93 


92 CSE 1510 


Mann 


11/18/93 


92 CSE 1511 


Becton 


11/17/93 


92 CSE 1512 


Nesnow 


06/09/93 


92 CSE 1515 


Nesnow 


11/17/93 


92 CSE 1516 


Reilly 


05/11/93 


92 CSE 1517 


Mann 


08/31/93 


92 CSE 1520 


Mann 


05/07/93 


92 CSE 1522 


Becton 


05/11/93 


92 CSE 1523 


Reilly 


09/09/93 


92 CSE 1524 


Reilly 


10/12/93 


92 CSE 1527 


Reilly 


05/11/93 


92 CSE 1531 


Morrison 


05/12/93 


92 CSE 1532 


Reilly 


02/18/94 


92 CSE 1535 


Gray 


05/10/93 


92 CSE 1538 


Morrison 


11/18/93 


92 CSE 1536 


Gray 


05/17/93 


92 CSE 1539 


Gray 


05/10/93 


92 CSE 1540 


Reilly 


05/11/93 


92 CSE 1541 


Reilly 


09/08/93 


92 CSE 1545 


Gray 


04/26/93 


92 CSE 1546 


Reilly 


10/12/93 


92 CSE 1557 


Gray 


04/22/93 


92 CSE 1560 


Gray 


06/29/93 


92 CSE 1562 


Mann 


05/12/93 


92 CSE 1565 


Becton 


07/23/93 


92 CSE 1566 


Reilly 


11/01/93 


92 CSE 1567 


Reilly 


02/22/94 


92 CSE 1569 


Gray 


12/09/93 


92 CSE 1570 


Chess 


02/23/94 


92 CSE 1572 


Reilly 


05/11/93 


92 CSE 1573 


Mann 


07/14/93 


92 CSE 1574 


Reilly 


12/09/93 


92 CSE 1575 


Gray 


07/16/93 


92 CSE 1576 


Gray 


04/26/93 


92 CSE 1577 


Gray 


07/16/93 


92 CSE 1582 


Gray 


06/29/93 


92 CSE 1585 


Becton 


05/11/93 


92 CSE 1588 


Morrison 


07/26/93 


92 CSE 1589 


Reilly 


04/26/93 


92 CSE 1592 


Mann 


05/19/93 


92 CSE 1593 


Mann 


10/13/93 


92 CSE 1594 


Reilly 


11/01/93 


92 CSE 1595 


Gray 


11/17/93 


92 CSE 1596 


Morrison 


07/14/93 


92 CSE 1599 


Gray 


02/23/94 


92 CSE 1610 


Gray 


11/09/93 


92 CSE 1611 


Morrison 


07/16/93 


92 CSE 1618 


Chess 


10/12/93 


92 CSE 1622 


Nesnow 


08/04/93 


92 CSE 1623 


Morrison 


05/20/93 


92 CSE 1624 


Mann 


09/15/93 


92 CSE 1625 


Chess 


07/15/93 


92 CSE 1626 


Mann 


05/19/93 


92 CSE 1627 


Reilly 


07/19/93 


92 CSE 1629 


Reilly 


03/25/93 


92 CSE 1630 


Mann 


11/18/93 


92 CSE 1631 


Reilly 


03/25/93 


92 CSE 1632 


Mann 


08/10/93 


92 CSE 1633 


Reilly 


03/25/93 


92 CSE 1637 


Nesnow 


05/19/93 


92 CSE 1638 


Reilly 


07/15/93 


92 CSE 1639 


Gray 


10/19/93 


92 CSE 1640 


Mann 


07/22/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2468 



CONTESTED CASE DECISIONS 



AGENCY 



Rillon E. May v. Human Resources 

Milton Kendrieks v. Human Resources 

Timothy G. Yandle v. Human Resources 

Joe K. Martin v. Human Resources 

Erie Stanley Stokes v. Human Resources 

Erskin J. Thompson v. Human Resources 

Larry Thompson v. Human Resources 

Billie J. Smith v. Human Resources 

Patrick Floyd V. Human Resources 

James Eric Frost v. Human Resources 

Dennis W, Nolan v. Human Resources 

Eric L. Garland v. Human Resources 

Ira Alston Jr. v. Human Resources 

Elvis Bernaid Telfair v. Human Resources 

Ronald G. Bolden v. Human Resources 

Rodney H. Allen, MD v. Human Resources 

Donnell E. Byrd v. Human Resources 

Marvin Holley v. Human Resources 

Eddie Short v. Human Resources 

Michael Tywan Marsh v. Human Resources 

Leroy Jones v. Human Resources 

Antonio M. Townsend v. Human Resources 

Kevin J. Close v. Human Resources 

Norman Gatewood v. Human Resources 

Thadius Bonapart v. Human Resources 

Ronald Norman v. Human Resources 

Joseph Eric Lewis v. Human Resources 

Ronald Dean Lowery v. Human Resources 

Tarn era S. Hatfield v. Human Resources 

Michael Wayne Bryant v. Human Resources 

James E. Blakney v. Human Resources 

E. Burt Davis Jr. v. Human Resources 

Nelson Fowler Jr. v. Human Resources 

Oswinn Blue v. Human Resources 

Charles E. Whiteley v. Human Resources 

Kelvin D. Jackson v. Human Resources 

Linwood Staton v. Human Resources 

Anthony Watson v. Human Resources 

Eugene Polk v. Human Resources 

Steve R. Tallent v. Human Resources 

Charles A. Morgan v. Human Resources 

Glenda K. Hollifield v. Human Resources 

Quinton Brickhousev. Human Resources 

Kenneth W. Williams v. Human Resources 

Charles Thompson Jr. V. Human Resources 

Wanda L. Cuthberfcon v. Human Resources 

Jeffery Alexander v. Human Resources 

Kenneth L. Davis v. Human Resources 

Kenneth Johnson v. Human Resources 

Frank E. Johnson v. Human Resources 

Barbara W. Catlett v. Human Resources 

Doris Kemp Brice v. Human Resources 

Laurcl Lang fond v. Human Resources 

Ida Diane Davis v. Human Resources 

Hatsuko Klein v. Human Resources 

Karen Mullins Martin v. Human Resources 

Ora Lee Brinkley v. David T. Flaherty, Secretary of Human Resources 

Leon Barhee v. Human Resources 

Carrol ton of Dunn, Inc. v. Human Resources 

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications ol Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Lohavichan-Melton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raefoid and Webb- 
Lohavichan Rentals 



CASE 




DATE OF 


NUMBER 


AL.I 


DECISION 


92 CSE 


1642 


Morgan 


07/29/93 


92 CSE 


1647 


Gray 


12/07/93 


92 CSE 


1649 


Gray 


02/18/94 


92 CSE 


1650 


Reilly 


09/10/93 


92 CSE 


1652*' 


Reilly 


03/25/93 


92 CSE 


1653 


Gray 


11/17/93 


92 CSE 


1655 


Reilly 


07/22/93 


92 CSE 


1656 


Gray 


07/23/93 


92 CSE 


1663 


Reilly 


05/20/93 


92 CSE 


1669 


Mann 


11/18/93 


92 CSE 


1670 


Morrison 


06/25/93 


92 CSE 


1671 


Mann 


07/22/93 


92 CSE 


1703 


Bee ton 


06/16/93 


92 CSE 


1704 


Reilly 


09/15/93 


92 CSE 


1706 


Mann 


06/25/93 


92 CSE 


1707 


Morrison 


11/18/93 


92 CSE 


1712 


Chess 


10/22/93 


92 CSE 


1713 


Mann 


06/08/93 


92 CSE 


1714 


West 


07/15/93 


92 CSE 


1716 


Gray 


06/17/93 


92 CSE 


1718 


Gray 


06/17/93 


92 CSE 


1721 


Chess 


08/30/93 


92 CSE 


1727 


Chess 


08/30/93 


92 CSE 


1728 


Chess 


10/22/93 


92 CSE 1740 


Chess 


09/21/93 


92 CSE 


1746 


Chess 


10/14/93 


92 CSE 


1748 


Becton 


08/02/93 


92 CSE 


1771 


West 


07/15/93 


92 CSE 


1772 


Chess 


08/30/93 


92 CSE 


1773 


Chess 


10/22/93 


92 CSE 


1779 


Nesnow 


05/13/93 


92 CSE 


1780 


Gray 


11/17/93 


93 CSE 0050 


Chess 


10/18/93 


93 CSE 0073 


Chess 


08/03/93 


93 CSE 0183 


Becton 


11/10/93 


93 CSE 0221 


West 


08/04/93 


93 CSE 0250 


Nesnow 


08/13/93 


93 CSE 0396 


Nesnow 


08/04/93 


93 CSE 0437 


Chess 


08/11/93 


93 CSE 0448 


West 


10/29/93 


93 CSE 0518 


West 


11/09/93 


93 CSE 0545 


West 


10/11/93 


93 CSE 0576 


Gray 


11/17/93 


93 CSE 0590 


Reilly 


10/18/93 


93 CSE 0696 


Morrison 


09/23/93 


93 CSE 


1086 


Morrison 


01/27/94 


93 CSE 


1107 


Gray 


03/01/94 


93 CSE 


1141 


West 


02/23/94 


93 CSE 


1266 


Reilly 


02/22/94 


93 CSE 


1304 


Reilly 


02/22/94 


92 DCS 0577 


West 


03/15/93 


92 DCS 


1179 


Gray 


02/07/94 


92 DCS 


1181 


Gray 


05/04/93 


92 DCS 


1200 


Gray 


03/29/93 


92 DCS 


1271 


Reilly 


05/05/93 


92 DCS 


1783 


West 


08/04/93 


92 DHR 0608 


Chess 


08/27/93 


92 DHR 0658 


Morrison 


04/30/93 


92 DHR 


1101 


Morgan 


07/26/93 


92 DHR 


1109* 


Morgan 


06/22/93 



PUBLISHED DECISION 
REGISTER CITATION 



f 



♦ 



8:5 NCR 441 



8:4 NCR 392 
8:8 NCR 687 



I 



2469 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Lohavichan-Melton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Wehb- 
Loht^iehan Rentals 

Bio-Medical Applications of North Carolina, Inc., d/b/a BMA 
of Raeford, Webb-Lohavichan-Melton Rentals, Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Fayetteville 
d/b/a Fayetteville Kidney Center and Webb-Loha'ichan Rentals 
V. Human Resources, Division of Facility Services, Certificate of 
Need Section and Dialysis Care of North Carolina, Inc., d/b/a 
Dialysis Care of Hoke County 

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of 
Facility Services, Certificate of Need Section, and Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Tarboro, 
Rocky Mount Nephrology Associates, Inc., Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Rocky Mount 
d/b/a Rocky Mount Kidney Center, and Rocky Mount Kidney Center 
Associates 

James H. Hunt Jr. v. Division ot Medical Assistance 

Barbara Jones v. Human Resources 

Joyce P. Williams v. Human Resources 

Snoory Day Care, Diane Hamby v. Child Day Care Licensing 

Cynthia Reed v. Human Resources 

The Neighborhood Center v. Human Resources 

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources 

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc. 

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc. 

Betty Butler v. Human Resources 

Wayne Sanders and Brenda Sanders v. Human Resources 

Britthaven, Inc. v. Human Resources &. Valdese Nursing Home, Inc. 

Samuel Benson v. Office of Admin. Hearings for Medicaid 

James W. McCall, Alice V McCall v. Human Resources 

Vernice Whisnant v. Human Resources 

Nell Brooks v. Child Day Care Section, Cherokee Cty Dept/Social Svcs 

Cabarrus Cty Dept. of Social Svcs. v. Human Resources 

Hannah F Tonkel v. Human Resources 

Fannie Lewis v. Human Resources 

Human Resources, Div. of Child Development v. Susan Amato 

Katie Kelly v. Human Resources 

Jessie Campbell &. Hazel Campbell v. Human Resources 

A.C., by & through her agent &. personal rep. Hank Neal v. Human Res. 

Venola Hall, Agape Day Care v. Human Resources 

Warren Cty NC Lucious Hawkins v. Human Resources, C. Robin Britt 

Christopher Durrer, Wilson Memorial Hospital v. Human Resources 

Mary McDuffie v. Human Resources Child Development 

Darryl A. Richardson v. Human Resources 

Home Health Prof., Barbara P. Bradsher, Admin v. Human Resources 

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development 

Thomas M. Moss v. Human Resources 

Rosa Wall v. Nurse Aide Registry, Charge of Abuse 

Frank S. &. Susie R. Wells v. New Hanover Cty. Dept of Social Svcs. 

Melba Goodman v. Human Resources 

Mattie and Johnny Smith v. Lenoir County Department of Social Services 

Jody Ridge v. Human Resources 

Gloria C. Haith v. Burlington Child Dev. Center 



92 DHR 1110* Morgan 06/22/93 



8:8 NCR 687 



92 DHR 1116* Morgan 



06/22/93 



92 DHR 1120 



Gray 



06/18/93 



8:8 NCR 687 



8:8 NCR 687 



92 DHR 


1145 


Becton 


05/13/93 


8:5 NCR 443 


92 DHR 


1192 


Nesnow 


04/02/93 


8:3 NCR 313 


92 DHR 


1275 


Gray 


03/15/93 




92 DHR 


1320 


Morgan 


05/21/93 




92 DHR 


1329 


Chess 


05/10/93 




92 DHR 


1375 


Chess 


08/02/93 




92 DHR 


1604 


Reilly 


05/10/93 




92 DHR 


1612 


Chess 


03/08/93 




92 DHR 


1613 


Chess 


03/08/93 




92 DHR 


1614 


Chess 


03/09/93 




92 DHR 


1699 


Reilly 


06/07/93 


8:7 NCR 632 


92 DHR 


1785 


Gray 


09/17/93 




93 DHR 0010 


Becton 


03/11/93 




93 DHR 0102 


Morgan 


10/05/93 




93 DHR 0332 


Morgan 


09/23/93 




93 DHR 0343 


Becton 


11/29/93 


8:18 NCR 1832 


93 DHR 0373 


Morgan 


07/20/93 




93 DHR 0378 


Nesnow 


09/10/93 




93 DHR 0379 


Gray 


06/28/93 




93 DHR 0418 


Morgan 


08/26/93 




93 DHR 0441 


Chess 


07/26/93 




93 DHR 0521 


Becton 


01/13/94 




93 DHR 0529 


Nesnow 


12/06/93 


8:19 NCR 1926 


93 DHR 0535 


Mann 


10/22/93 




93 DHR 0540 


Gray 


12/06/93 




93 DHR 0566 


Chess 


09/17/93 




93 DHR 0651 


Becton 


09/10/93 




93 DHR 0679 


Becton 


09/30/93 




93 DHR 0737 


Chess 


09/23/93 




93 DHR 0782 


Nesnow 


09/09/93 




93 DHR 0864 


Chess 


11/05/93 




93 DHR 0881 


West 


12/15/93 




93 DHR 0922 


Nesnow 


11/08/93 




93 DHR 0952 


Reilly 


02/18/94 




93 DHR 


1176 


Morrison 


12/29/93 




93 DHR 


1698 


Reilly 


02/02/94 




93 DHR 


1788 


Nesnow 


01/27/94 





INSURANCE 



Carolyn M. Hair v. St Employees Comprehensive Major Medical 
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees// 
St. of N.C. Teachers' &. St. Emp. Comp. Major Medical Plan, and 
David G. Devries, as Exec. Admin, of the N.C. Teachers' & St. Emp. 
Comp. Major Medical Plan 
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan 
Jannaine Knight v. Ms. Shirley H. Williams, Insurance 



92 INS 1464 
92 INS 1791 



93 INS 0197 
93 INS 1056 



Chess 
Reilly 



Nesnow 
West 



03/10/93 
08/19/93 



07/29/93 
12/01/93 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2470 



CONTESTED CASE DECISIONS 



AGRNCY 



In the Matter of Appeal hy Alcatel Business Systems, Inc. and 

Group Annuity Participant Protection Association 
Tseng Fu Lin v. Floyd MeKeel, Chiet Bldg Insp. Goldsbora, &. Ins. 

JUSTICE 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 INS 1732 


Gray 


02/23/94 


94 INS 0032 


Rcilly 


03/01/94 



PUBLISHED DECISION 
REGISTER CITATION 



t 



Philip B. Cates v. Justice, Attorney General's Office 

Donald Willarrj Johnson v. Criminal Justice Ed. &. Training Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed- &. Traning Stds. Comm 

Colin Carlisle Mayers v. Sheriffs' Ed. & Training Stds. Comm. 

Jennings Michael Bostic v. SherinY Ed. & Traning Stds. Comm. 

Michael Charles Kershner v. Criminal Justice Ed & Training Stds Comm 

George Wilton Hawkins v. Criminal Justice Ed. &. Training Stds. Comm. 

Marilyn Jean Brill v. Criminal Justice Ed. &. Training Stds. Comm. 

Tim McCoy Deck v. Criminal Justice Ed. & Training Stds. Comm. 

Richard Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm. 

Sherri Ferguson Revis y. Sheriffs' Ed. & Training Stds. Comm. 

Mark Thomas v. Sheriffs* Ed. & Training Standards Commission 

George Wilton Hawkins v. Sheriffs' Ed. & Training Stds. Comm. 

Noel B. Rice v. Criminal Justice Ed. &. Training Standards Comm. 

Lonnie Allen Fox v. Sheriffs' Ed. &. Training Standaids Commission 

Alarm Systems Licensing Bd. v. Eric Hoover 

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither 

Rebecca W. Stevenson v. Criminal Justice Ed. & Training Stds. Comm. 

Lloyd Harrison Bryant Jr. v Criminal Justice Ed & Training Stds Comm 

William B. Lipscomb v. Private Protective Services Board 

Private Protective Svcs. Bd. v. Fred D. Rector 

Private Protective Svcs. Bd. v. Alan D. Simpson 

William M. Medlin v. Sheriffs' Ed. &. Training Stds. Comm. 

Karl L. Halsey Sr. v. Criminal Justice Ed. & Training Stds. Comm. 

Charles Freeman v. Sheriffs' Ed. &. Training Stds. Comm. 

Shayne K. MacKinnon v. Sheriffs* Ed. &. Training Stds. Comm. 

Carl Michael O'Byrne v. Alarm Systems Licensing Boaai 

Gary D. Cunningham v. Private Protective Services Board 

Private Protective Services Board v. Michael A. McDonald 

Levon Braswell v. Private Protective Services Boaid 

Thomas H. Groton v. Sheriffs' Ed. & Training Stds. Comm. 

Dale Alvin Floyd v. Private Protective Services Board 



90 DOJ 0353 


Morgan 


08/30/93 


8:13 NCR 1281 


92 DOJ 0420 


West 


11/05/93 


8:17 NCR 1705 


92 DOJ 0656*" 


West 


06/22/93 




92 DOJ 076 1 


Morrison 


05/10/93 




92 DOJ 0829*" 


West 


06/22/93 




92 DOJ 0869 


Morgan 


08/11/93 




92 DOJ 1081*' 


Morgan 


07/09/93 




92 DOJ 1088 


Morrison 


03/16/93 




92 DOJ 1367 


Chess 


04/01/93 




92 DOJ 1465 


Nesnow 


05/28/93 




92 DOJ 1 756 


Gray 


03/23/93 




93 DOJ 0151 


West 


04/21/93 




93 DOJ 0156*" 


Morgan 


07/09/93 




93 DOJ 0174 


Morrison 


12/13/93 




93 DOJ 0196 


Morrison 


08/09/93 




93 DOJ 0201 


Becton 


07/12/93 




93 DOJ 0202 


Chess 


05/10/93 




93 DOJ 0357 


Morrison 


09/13/93 




93 DOJ 0377 


Reilly 


08/31/93 




93 DOJ 0458 


Morrison 


06/01/93 




93 DOJ 0479 


Mann 


08/19/93 




93 DOJ 0480 


West 


07/21/93 




93 DOJ 0569 


Chess 


10/06/93 




93 DOJ 0625 


Gray 


12/01/93 




93 DOJ 0685 


Nesnow 


12/06/93 




93 DOJ 0686 


Nesnow 


12/16/93 




93 DOJ 0844 


Nesnow 


09/08/93 


8:13 NCR 1300 


93 DOJ 0845 


Reilly 


12/22/93 




93 DOJ 0975 


Gray 


11/29/93 




93 DOJ 1003 


Morrison 


12/29/93 


8:20 NCR 2020 


93 DOJ 1116 


Becton 


01/06/94 




93 DOJ 1472 


Morrison 


12/30/93 





♦ 



LABOR 



Greensboro Golf Center, Ine. v. Labor 

Ronald Dennis Hunt v. Labor 

Jeffrey M. McKinney v. Labor 

Pastor Larry C. Taylor Warsaw Church of God v. Labor 



92 DOL 0204 
92 DOL 1319 

92 DOL 1333 

93 DOL 0961 



Nesnow 04/15/93 

Morgan 06/17/93 

Morrison 06/21/93 

West I I 16 93 



MORTUARY SCIENCE 

Board of Mortuary Science v. Triangle Funeral Chapel, Inc. 
PUBLIC INSTRUCTION 



92 BMS 1169 



Rcillv 



04/29/93 



8:4 NCR 390 



Arnold O. Herring v. Public Instruction 

Frances F Davis. Parent of Joseph E. Davis v. Public Instruction 

Donna Marie Snyder v. Public Instruction 

Virginia Willoughby v. Craven County Board ol Education 

Harold Wayne Poteat v. Bob Etheridge. Super/Public Ins., NC St Bd/Ed 

J.E. Sappentield v. Guilford County Board of Education 



9 1 EDC 0858 


Becton 


10/20/93 


93 EDC 0628 


Mann 


07/29/93 


93 EDC 0731 


Nesnow 


09/16/93 


93 EDC 1143 


Mann 


12/17/93 


93 EDC 1692 


Becton 


02/07/94 


94 EDC 0013 


Mann 


02/10/94 



8:20 NCR 2022 



STATE PERSONNEL 



Frances K. Pate v. Transportation 

Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart. 

James H. Johnson, James D. Fishel V. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 



SS OSP 0340 Morrison 05/03/93 

90OSP1064* 1 Mann 05/04/93 



90 OSP 1065** Mann 



05/04/93 



I 



2471 



8:24 



NORTH CAROLINA RECjISTER 



March 15, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Connie B. Lee v. Justice 

Donald Allen Rutschman v. UNC Greensboro, Office of Human Res. 
Bernie B. Kellly v. Correction 

William H. Peace IU v. Employment Security Commission 
Brenda G. Mitchell v. Correction 
Walton M. Pittman v. Correction 

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation 
Clayton Brewer v. North Carolina State University 
Sherman Daye v. Transportation 
Donnie M. White v. Correction 

Gregory Samuel Parker v. Environment, Health, & Natural Resources 
Renee E. Shepherd v. Winston-Salem State University 
Eva Dockery v. Human Resources 

Lee P. Crosby v. Michael Kelly, William Meyer and EHR 
William Marshall Boyd Jr. v. County Commissioners of Hyde &. 

Certain Board of Health Members 
Gregory Samuel Parker v. Environment, Health, &. Natural Resources 
Willie Granville Bailey v. Winston-Salem State University 
Mattie W. Smith v. State Agricultural and Technical University 
Julia Spinks v. Environment, Health, & Natural Resources 
James B. Price v. Transportation 
I. Cary Nailling v. UNC-CH 
Deborah Barber v. Correction 
Laverne B. Hill v. Transportation 
Jimmy D. Wilkins v. Transportation 

Sarah W. Britt v. Human Resources, C.A. Dillon School, CPS 
Charles Robinson v. Revenue 

Anna L. Spencer v. Mecklenburg County Area Mental Health 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Ronnie H. Mozingo v. Correction 
Glinda C. Smith v. Wildlife Resources Commission 
Cindy G. Bartlett v. Correction 

William Kenneth Smith Jr. v. Broughton Hospital (Human Resources) 
Larry O. Nobles v. Human Resources 

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ. 
Tracey Hall v. N.C. Central U, Off. of Scholarship &. Student Aid 
Sondra Williams v. Winston-Salem State University 
Willie Thomas Hope v. Transportation 
David Scales v. Correction 

Suzanne Ransley Hill v. Environment, Health, & Nat. Res. 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Charles M. Blackwelder v. Correction 

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ. 
John B. Sauls v. Wake County Health Department 
Patti G. Newsome v. Transportation 
Franklin D. Morgan v Transportation 

Nancy McAllister v. Camden County Department of Social Services 
Gilbert Jaeger v. Wake County Alcoholism Treatment Center 
Rex lnman v. Stokes County Department of Social Services 
Joseph Henry Bishop v. Environment, Health, & Natural Res. 
Glenn D. Fuqua v. Rockingham County Board of Social Services 
Dorothy D. Johnson v. Correction 
Wilhe L. Hudson v. Correction 

Brenda K. Campbell v. Employment Security Commission 
Christie L. Guthrie v. Environment, Health, &. Natural Resources 
Sharon Reavis v. Crime Control &. Public Safety 
Alphonso Walker v. Human Resources 
James B. Price v. Transportation 
Jerry L. Jones v. N.C.S.U. Physical Plant 

Mattie W Smith v. State Agricultural and Technical University 
Gina Renee Cox v. UNC Chapel Hill 
Roland W. Holden v. University of North Carolina at Chapel Hill 



CASE 




DATE OF 


NUMBER 


AEJ 


DECISION 


90 OSP 


1066** 


Mann 


05/04/93 


90 OSP 


1067* 1 


Mann 


05/04/93 


90 OSP 


1068** 


Mann 


05/04/93 


91 OSP 0011 


Morgan 


10/05/93 


91 OSP 0305 


Chess 


10/19/93 


91 OSP 0344 


Morrison 


05/27/93 


91 OSP 0572 


Chess 


10/12/93 


91 OSP 0625 


West 


03/08/93 


91 OSP 0805 


Morgan 


10/06/93 


91 OSP 0860 


Chess 


07/19/93 


91 OSP 0941 


West 


04/02/93 


91 OSP 0951 


West 


05/07/93 


91 OSP 


1236 


Morgan 


04/05/93 


91 OSP 


1344** 


Chess 


05/20/93 


91 OSP 


1391 


Morgan 


04/28/93 


92 OSP 0010 


Chess 


05/03/93 


92 OSP 0056 


Gray 


06/07/93 


92 OSP 0090 


Gray 


08/25/93 


92 OSP 0188*' 


Chess 


05/20/93 


92 OSP 0285 


Morrison 


03/10/93 


92 OSP 0298* 11 


Reilly 


09/14/93 


92 OSP 0313 


Bee ton 


04/12/93 


92 OSP 0375 


Gray 


04/13/93 


92 OSP 0394 


Becton 


04/20/93 


92 OSP 0396 


Chess 


03/04/93 


92 OSP 043 1* 1 


West 


03/08/93 


92 OSP 0432* 1 


West 


03/08/93 


92 OSP 0455 


West 


05/26/93 


92 OSP 0553 


Morgan 


07/21/93 


92 OSP 0584 


Becton 


08/16/93 


92 OSP 0634 


Morrison 


05/04/93 


92 OSP 0644 


Mann 


10/11/93 


92 OSP 0653 


Morrison 


03/12/93 


92 OSP 0671 


Morgan 


06/08/93 


92 OSP 0684 


Becton 


05/10/93 


92 OSP 0732 


Mann 


04/23/93 


92 OSP 0744 *" 1 


Morgan 


07/16/93 


92 OSP 0815 


Morgan 


09/16/93 


92 OSP 0847 


Morrison 


08/06/93 


92 OSP 0947 


Morgan 


03/23/93 


92 OSP 0989 


Chess 


06/24/93 


92 OSP 0992 


Reilly 


03/18/93 


92 OSP 


1047 


Morrison 


05/04/93 


92 OSP 


1082 


Morrison 


10/15/93 


92 OSP 


1 124* 1 " 


Morgan 


07/16/93 


92 OSP 


1142 


Reilly 


03/08/93 


92 OSP 


1180 


Becton 


09/22/93 


92 OSP 


1183 


Becton 


02/22/94 


92 OSP 


1185 


Chess 


09/07/93 


92 OSP 


1204 


Reilly 


05/10/93 


92 OSP 


1230 


Becton 


01/18/94 


92 OSP 


1243 


Reilly 


03/05/93 


92 OSP 


1318 


Morrison 


08/03/93 


92 OSP 


1395 


Nesnow 


10/29/93 


92 OSP 


1468 


Becton 


05/26/93 


92 OSP 


1505 


Morrison 


03/17/93 


92 OSP 


1555 


Becton 


05/31/93 


92 OSP 


1606 


Morrison 


08/19/93 


92 OSP 


1615 


Chess 


12/16/93 


92 OSP 


1657 


Mann 


03/19/93 


92 OSP 


1661 


Chess 


07/06/93 


92 OSP 


1691* 12 


Reilly 


09/14/93 


92 OSP 


1692 


Becton 


10/18/93 


92 OSP 


1715 


Becton 


08/30/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:15 NCR 1498 



8:1 NCR 75 



8:3 NCR 306 



8:4 NCR 382 



8:6 NCR 484 



8:2 NCR 224 
8:15 NCR 1500 



8:1 NCR SS 
8:14 NCR 1346 



8:12 NCR 1163 



8:13 NCR 1292 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2472 



CONTESTED CASE DECISIONS 



AGENCY 



Betty Bradshcr v. UNC-CH 

Anthony' M. Little v. Human Resources, John Umslead Hospital 

Jannie C. Sykes v. Employment Security Commission 

Jamal Al Bakkat-Morris v. Glenn Sexton (DSS) 

Rebecca Beauchesne v. University of North Carolina at Chapel Hill 

Brenda Kay Barnes v. Human Resources 

Larry G. Riddle v. Correction, Division of Prisons 

Stevie E. Dunn v. Polk Youth Center 

Buford D. Vieregge Jr. v. N.C. State University, University Dining 

Dorothy Ann Harris v. Correction 

Brenda B. Miles v. University o( North Carolina Chapel Hill 

Deborah J. Whitfield v. Caswell Center 

Karen Canter V. Appalachian Stale University 

Terry Steve Brown v. Iredell County Health Department 

Barbara A. Johnson v. Human Resources 

Carrie P. Smith v. County of Stanly 

George W. Allen v. Human Resources, Correction, Agri &. EHNR 

William G. Fisher v. St Bd of Ed, Albermarle City Schools &. Bd of Ed 

Grace Jean Washington v. Caswell Center 

Ralph Snipes v. Transportation and Correction 

Clifton E. Simmons v. Correction 

Willie L. James v. Caswell Center 

Irving S. Rodgers v. C.A. Dillon. Division of Youth Services 

Albert R. Knight v. Transportation 

Richard E. Howell v. Correction, Wayne Correctional Center 

Brian Dale Barnhaidt v. State Highway Patrol 

F.R. "Don" Bowen v. Human Resources 

Michael L. Pegrain v. Correction 

Jerry D. Doss Sr. v. Correction 

Odessa Parker v. Durham County Dept. of Social Services 

Debbie Renee Robinson v. Correction 

Sharon Brandon v. Dorothea Dix Hospital 

Shaw Boyd v. Correction 

Ida Gaynell Williams v. Wilson County Dept. of Social Services 

Linda R. Wharton v. N.C. A &. T University 

Michael L. Pegram v. Correction 

Ralph W. Burcham v. Transportation 

Claudius S. Wilson v. Human Resources 

Edward D. Day Jr., John D. Warlick, Gary W Beecham v. Correction 

Edward D. Day Jr., John D. Warlick, Gary W Beecham v. Correction 

Carrie Lee Gardner v. Human Resources 

Herbert Gary Bradshaw v. Div. of Motor Vehicles, Enforcement Sec. 

Alvin Lamonte Breedon v. OPC Mental Health 

Edward D. Day Jr., John D. Warlick, Gary W. Beecham v. Correction 

Hubert L. Holmes v. Transportation 

Vernell Ellis Turner v. NC A &. T Police Dept, NC Agricultural Tech U 

Barry W Corbett v. Environment, Health, &. Natural Resources 

Everette E. Newton v. University of NC at Chapel Hill 

Constance Smith-Rogers v. Human Resources 

Timothy E. Blevins v. UNC A/K/A Western Carolina University 

Xantippe Blackwell v. Human Resources, Murdoch Center 

Wayne Bradley Johnson v. State Computing Center 

Harold Kovolenko v. Lynn C. Phillips, Director ot Prisons 

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County 

Department of Social Services 
Terry Johnson v. Correction 
David Henry v. Correction 
Kathleen E. Conran v. New Bern Police Dept., City of New Bern; and 

City of New Bern Police Civil Service Board 
Berton Hamm Jr. v. Wake County Child & Family Services 
John R. Woods Sr. v. Wake County Child &. Family Services 
Coleman F. Tyrance Jr. v. Wake County Child &. Family Services 
John Augusta Page v. Wake County Child & Family Sen-ices 
Thomas James v. Wake County Child & Family Services 
James E. Hargrove v. Wake County Child & Family Services 
Ricky Harrell v. Wake County Child & Family Services 
Bruce Creecy v. Wake County Child &. Family Services 
Dana Phillips v. Administrative Office of the Courts 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 OSP 1733 


Becton 


03/30/93 


92 OSP 1734 


Becton 


09/01/93 


92 OSP 1738 


Gray 


10/25/93 


92 OSP 1741 


Becton 


03/24/93 


92 OSP 17o7 


Becton 


10/01/93 


92 OSP 1768 


Morrison 


03/17/93 


92 OSP 1774 


Gray 


04/26/93 


92 OSP 1789 


Becton 


04/19/93 


92 OSP 179b 


Morrison 


05/27/93 


93 OSP 0013 


Morrison 


09/15/93 


93 OSP 0033 


Morrison 


09/10/93 


93 OSP 0064 


West 


09/20/93 


93 OSP 0079 


Reilly 


06/15/93 


93 OSP 0101 


Morgan 


08/06/93 


93 OSP 0103 


Morrison 


03/17/93 


93 OSP 0109 


Becton 


04/01/93 


93 OSP 0111 


Reilly 


04/16/93 


93 OSP 0134 


Becton 


04/20/93 


93 OSP 0153 


Morgan 


06/03/93 


93 OSP 0157 


Mann 


12/13/93 


93 OSP 0159 


Morrison 


04/21/93 


93 OSP 0171 


Morgan 


05/27/93 


93 OSP 0177 


West 


04/21/93 


93 OSP 0225 


West 


03/02/94 


93 OSP 0245 


Gray 


08/25/93 


93 OSP 0251 


Reilly 


07/27/93 


93 OSP 0253 


Morgan 


08/06/93 


93 OSP 0275**' 


Reilly 


06/28/93 


93 OSP 0287 


Gray 


05/17/93 


93 OSP 0366 


Nesnow 


12/15/93 


93 OSP 0383 


Nesnow 


06/07/93 


93 OSP 0419 


Gray 


12/06/93 


93 OSP 0438 


Morgan 


11/12/93 


93 OSP 0440 


Gray 


12/01/93 


93 OSP 0456 


Chess 


09/22/93 


93 OSP 0472** 


Reilly 


06/28/93 


93 OSP 0493 


Chess 


10/15/93 


93 OSP 0498 


Gray 


12/15/93 


93 OSP 0522* 13 


Morrison 


12/14/93 


93 OSP 0523* 13 


Morrison 


12/14/93 


93 OSP 0537 


Reilly 


12/21/93 


93 OSP 0544 


Nesnow 


02/28/94 


93 OSP 055 1 


Gray 


11/23/93 


93 OSP 0567*" 


Moi nson 


12/14/93 


93 OSP 0572 


Reilly 


08/17/93 


93 OSP 0577 


Becton 


11/03/93 


93 OSP 0584 


Reilly 


01/13/94 


93 OSP 0589 


Reilly 


12/07/93 


93 OSP 0593 


Reilly 


12/21/93 


93 OSP 0604 


Morgan 


09/29/93 


93 OSP 0632 


Reilly 


09/01/93 


93 OSP 0694 


Chess 


10/11/93 


93 OSP 0697 


Nesnow 


09/08/93 


93 OSP 0752 


Nesnow 


09/16/93 


93 OSP 0757 


Gray 


10/06/93 


93 OSP 0789 


Gray 


11/29/93 


93 OSP 0797 


Morrison 


09/21/93 


93 OSP 0809 


Becton 


10/27/93 


93 OSP 0810 


Becton 


11/02/93 


93 OSP 0811 


Becton 


11/02/93 


93 OSP 0812 


Becton 


11/02/93 


93 OSP 0813 


Becton 


11/02/93 


93 OSP 0814 


Becton 


11/02/93 


93 OSP 0815 


Becton 


11/02/93 


93 OSP 0816 


Becton 


11/02/93 


93 OSP 0822 


West 


09/09/93 



PUBLISHED DECISION 
REGISTER CITATION 



t 



8:18 NCR 1838 



8:16 NCR 1558 



:19 NCR 1922 
.19 NCR 1922 



S: 19 NCR 1922 



8:21 NCR 2110 



♦ 



I 



2473 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



William G. Beam v. Transportation 

Mary U. Rote v. Carteret Community Action, Inc. &. Carteret Cty. 

Terry P. Chappell v. Correction 

Marie C. Ricucci v. Forsyth County Public Health Dcpt. 

Willie David Moore v. Correction (Piedmont Correctional Inst.) 

George Lynch Jr. v. Carla O'Konek, Correction 

Joyce C. Johnson v. Division of Motor Vehicles 

William L Vanderburg v. Ronald Penny & Stale Personnel Agency 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 OSP 0828 


West 


12/29/93 




93 OSP 0831 


Morrison 


12/29/93 




93 OSP 0834 


Nesnow 


10/11/93 




93 OSP 0882 


West 


01/27/94 




93 OSP 1043 


Nesnow 


12/03/93 




93 OSP 1065 


Morrison 


02/08/94 




93 OSP 1613 


Nesnow 


02/16/94 




93 OSP 1624 


Gray 


02/23/94 





STATE TREASURER 



Juanita M. Braxton v. Bd. of Trustees /Teachers' & St Emp Ret Sys 
James Hines on behalf of Luther Hines (Deceased) v. Board of 
Trustees Teachers* and State Empployees' Retirement System 
Herman D. Brooks v. Bd of Trustees/Teachers' &. St Emp Ret Sys 
Henrietta Sandlin v. Teachers' & State Emp Comp Major Medical Plan 
Frances Billingsley v. Bd/Trustees/Teachers' & St. Emp. Ret. Sys. 
Dennis Willoughby v. Bd. /Trustees/Teachers' & St. Emp. Ret. Sys. 
Mary Alyce Carmiehael v. Bd/Trustees/Teachers' & St Emp Ret Sys 
Shirley M. Smith v. Bd. /Trustees /Teachers' & St. Emp. Ret. Sys. 
W. Rex Perry v. Bd/Trustees/Teachers' & St Emp Ret Sys 
Rory Dale Swiggett v. Bd./Trustees/N.C. Local Govtl. Emp. Ret. Sys. 
Catherine D. Whitley v. Bd. /Trustees/Teachers &. St. Emp. Ret. Sys. 



91 DST 0017 


West 


09/07/93 




91 DST 0130 


Morgan 


01/21/94 




91 DST 0566 


Gray 


04/13/93 




92 DST 0305 


Morgan 


04/12/93 




92 DST 0996 


West 


09/20/93 




92 DST 1439 


West 


09/20/93 


8:14 NCR 1356 


92 DST 1506 


Chess 


04/08/93 




92 DST 1776 


Reilly 


11/18/93 


8:18 NCR 1829 


93 DST 0133 


West 


08/12/93 


8:11 NCR 992 


93 DST 0198 


West 


09/28/93 


8:14 NCR 1360 


93 DST 0727 


Reilly 


11/18/93 





TRANSPORTATION 



Yates Construction Co., Inc. v. Transportation 

American S&P Auto v. Commissioner, Div. of Motor Vehicles 

William G. Oglesby v. Division of Motor Vehicles 



92 DOT 


1800 


Morgan 


03/25/93 


93 DOT 


1070 


Morrison 


12/02/93 


93 DOT 


1375 


Morrison 


12/29/93 



UNIVERSITY OF NORTH CAROLINA HOSPITAL 



Constance V. Graham v. UNC Hospital 
Jacqueline Florence v. UNC Hospitals 



93 UNC 0269 
93 UNC 0355 



Morgan 
Becton 



07/20/93 
06/16/93 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2474 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



I 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 




Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



♦ 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



I 



2475 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1993 - March 1994) 



Pages 



Issue 



1 - 92 1 - April 

93 - 228 2 - April 

229 - 331 3 May 

332 - 400 4 - May 

401 - 455 5 June 

456 - 502 6 - June 

503 - 640 7 July 

641 - 708 8 - July 

709 - 792 9 - August 

793 - 875 10 - August 

876 - 1006 11 September 

1007 - 1184 12 - September 

1 185 - 1307 13 October 

1308 - 1367 14 - October 

1368 - 1512 15 November 

1513-1568 16 - November 

1569 - 1719 17 - December 

1720 - 1849 18 - December 

1850 - 1941 19 - January 

1942 - 2031 20 - January 

2032 - 2118 21 - February 

2119 - 2213 22 - February 

2214 - 2355 23 - March 

2356 - 2479 24 - March 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

Administration's Minimum Criteria, 5 

Auxiliary Services, 1724 

Low-Level Radioactive Waste Management Authority, 232 

State Employees Combined Campaign, 1008 

ADMINISTRATIVE HEARINGS 

Civil Rights Division, 370 
General, 366 
Hearings Division, 1480 
Rules Division, 367 

AGRICULTURE 

Aquaculture, 1212, 2126 

Markets, 2125. 2127 

N.C. State Fair, 506 

Plant Industry, 513, 1212, 2125, 2141 

Standards Division, 1212, 2124 

Veterinary Division, 515, 1212 



8:24 



NORTH CAROLINA REGISTER 



March 15, 1994 



2476 



CUMULATIVE INDEX 



COMMERCE 

Alcoholic Beverage Control Commission, 408, 711, 1310 

Banking Commission, 408, 798, 1312 

Cemetery Commission, 810 

Community Assistance, 2360 

Credit Union Division, 1724 

Savings Institutions Division: Savings Institutions Commission, 461 

State Ports Authority, 811, 1570 

COMMUNITY COLLEGES 

Community Colleges, 1527 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 279, 571, 962, 1405, 1862 

Comprehensive Conservation and Management Plan, 882 

Departmental Rules, 465, 2223 

Environmental Health, 2067 

Environmental Management, 210, 556, 658, 797, 893, 1254. 1748, 1858, 2039, 2243, 2358 

Health Services. 283. 335. 425, 465, 572. 709, 762. 966. 1098, 1417, 1663, 1782, 1850, 2381 

Marine Fisheries, 28, 568, 1573 

Mining: Mineral Resources, 829 

NPDES Permit, 710 

Radiation Protection, 1662 

Soil and Water Conservation Commission, 214, 1322 

Vital Records, 1525 

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613, 1723. 1773, 1957, 2373 

Wildlife Resources Commission Proclamation, 1851, 2123 

Zoological Park, 337 

FINAL DECISION LETTERS 

Voting Rights Act, 4, 407, 460. 795. 880, 1371, 1514, 1569, 1722. 1942, 2033, 2121, 2216, 2356 

GENERAL STATUTES 

Chapter 7A, 1185 
Chapter 150B. 1187 

GOVERNOR/LT. GOVERNOR 

Executive Orders. 1, 93, 229, 332, 401, 456, 641, 793, 876, 1007, 1209, 1308, 1368, 1513, 1720, 
2032, 2119, 2214 

HUMAN RESOURCES 

Aging, Division of, 815, 1372 

Blind, Services for the, 884 

Deaf and Hard of Hearing, Services for the, 650 

Departmental Rules, 2143 

Facility Services, 94, 883, 1014. 1215. 1312, 1519, 1725. 2036 

Medical Assistance, 25, 414, 553, 712, 888, 1316. 1742, 1943, 2368 

Medical Care Commission, 644, 1312 

Mental Health. Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217, 

1852 

Social Services Commission. 237, 733, 1091, 1376, 1743, 2037 

INSURANCE 

Actuarial Services. 555, 657, 1249. 1321. 1403 
Asent Services Division. 1399, 2370 



2477 8:24 NORTH CAROLINA REGISTER March 15, 1994 



f 



♦ 



# 



CUMULATIVE INDEX 



Engineering and Building Codes Division, 1248 
Financial Evaluation Division, 1093, 1317, 1946, 2145 
Life and Health Division, 1094, 1318, 1400, 1956 
Medical Database Commission, 463, 737, 1956 
Property and Casualty Division, 1400, 2144 
Special Services Division, 1096 

JUSTICE 

Alarm Systems Licensing Board, 761 

Attorney General, Office of the, 28 

Criminal Justice Education and Training Standards Commission, 253 

Criminal Justice Standards Division, 241 

Departmental Rules, 1096, 2371 

Private Protective Services Board, 252, 890, 2151 

Sheriffs' Education and Training Standards Commission, 738 

LABOR 

OSHA. 97, 231, 278, 892, 1523, 1744, 2035, 2154, 2221 

LICENSING BOARDS 

Architecture, 43 

Certified Public Accountant Examiners, 1418 

Chiropractic Examiners, 1806 

Cosmetic Art Examiners, 969, 1526, 2071, 2162 

Dental Examiners, State Board of, 763, 1960, 2166 

Electrolysis Examiners, Board of, 841, 1457 

Foresters, Registration for, 674 

General Contractors. Board of, 2320 

Geologists, Board of, 285, 2072 

Landscape Architects, 1256 

Medical Examiners, Board of, 591, 1458, 1685, 1965, 2167 

Mortuary Science, Board of, 45, 342, 971, 1461, 2170 

Nursing, Board of. 1463 

Nursing Home Administrators, 346 

Occupational Therapy, 1469 

Opticians, Board of, 1261 

Pharmacy, Board of. 47, 354, 1326 

Physical Therapy Examiners, 53, 767 

Plumbing, Heating and Fire Sprinkler Contractors, 360 

Practicing Psychologists, Board of, 844, 1807, 1880 

Professional Engineers and Land Surveyors, Board of, 2172 

Real Estate Appraisal Board, 1976 

Real Estate Commission, 53, 364, 1996. 2420 

Refrigeration Examiners, 1148, 1526 

Social Work, Certification Board for, 428, 1808 

Therapeutic Recreation Certification Board, 1328 

LIST OF RULES CODIFIED 

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535, 1687, 1881, 2074, 2457 

PUBLIC EDUCATION 

Elementary and Secondary Education, 427, 470, 1873, 2068, 2319 

SECRETARY OF STATE 

Land Records Management Division, 1792 



8:24 NORTH CAROLINA REGISTER March 15, 1994 2478 



CUMULATIVE INDEX 



STATE PERSONNEL 

Office of State Personnel, 286, 972, 1262, 1472, 2325 



STATE TREASURER 

Local Government Commission, 1795 
Retirement Systems, 337, 1 146 

TAX REVIEW BOARD 

Orders of Tax Review, 503, 1516, 2217 

TRANSPORTATION 

Highways, Division of, 669, 836, 2158, 2359 
Motor Vehicles, Division of, 1 145. 1875 



I 



I 



♦ 



2479 8:24 NORTH CAROLINA REGISTER March IS, 1994 



NORTH CAROLINA ADMINISTRATIVE CODE 



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7-11 
1 - 8 
1 - 6 
1 - 9 
1 - 16 
17 - 37 
38 - 70 
1 - 2 
1 - 3 
1 - 3 

1 - 4 
(North Carol 


EHNR 90.00 
EHNR 

(includes Breathalizer) 75.00 
Education 30.00 
Revenue 75.00 
Revenue 60.00 
Secretary of State 30.00 
Transportation 90.00 
Treasurer 45.00 
Licensing Boards 75.00 
Licensing Boards 75.00 
Licensing Boards 

Administrative Procedures 75.00 
Community Colleges 10.00 
Independent Agencies 10.00 
State Personnel 60.00 
Administrative Hearings 10.00 

Subtotal 

ina subscribers add 6% sales tax) 

Total 






40 






41 






42 






43 






44 






45 






46 






47 






4S 






44 






50 






51 






52 






53 





















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